MANDINA v. UNITED STATES

No. 72-1474.

472 F.2d 1110 (1973)

Sam Frank MANDINA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 8, 1973.


Attorney(s) appearing for the Case

David F. Yates, St. Louis, Mo., for appellant.

Joel S. Gallay, Atty., Crim. Div., U.S. Dept. of Justice, Washington, D. C., for appellee.

Before LAY, HEANEY and STEPHENSON, Circuit Judges.


STEPHENSON, Circuit Judge.

This appeal presents the question of whether 18 U.S.C. § 922(a)(1) requires as an essential element of the offense of unlawful dealing in firearms or ammunition an allegation and proof such activities were in interstate or foreign commerce. Appellant (Mandina) asserts in the alternative that if the statute applies to wholly intrastate activities then Congress has exceeded its constitutional authority and the statute is unconstitutional...

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