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UNITED STATES v. THOMAS

No. 73-1686. Summary Calendar.

485 F.2d 557 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Clayton THOMAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 12, 1973.

Attorney(s) appearing for the Case

Sutton G. Hilyard, Jr., Sanford, Fla., for defendant-appellant.

John L. Briggs, U.S. Atty., Jacksonville, Fla., Jeffry R. Jontz, Asst. U.S. Atty., Orlando, Fla., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

PER CURIAM:

The principal issue presented for our consideration is whether one receives a gun "in commerce" or in a manner "affecting commerce," and thus violates 18 U.S.C. App. § 1202(a),1 if the gun he purchases has once traveled in foreign commerce. We must answer in the affirmative.

The facts of this case are not in dispute. In 1955 Thomas was convicted of a felony, and in 1971 F.B.I. agents found him in possession of...

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