UNITED STATES v. MENDOZA

No. 72-3539.

487 F.2d 309 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Raul Acosta MENDOZA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 15, 1973.


Attorney(s) appearing for the Case

Pat E. Dwyer, El Paso, Tex., for defendant-appellant.

William S. Sessions, U. S. Atty., San Antonio, Tex., Ronald F. Ederer, Asst. U. S. Atty., Edward S. Marquez, El Paso, Tex., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and RONEY and GEE, Circuit Judges.


RONEY, Circuit Judge:

We hold that there was insufficient evidence to sustain the conviction of defendant under 18 U.S.C.A. § 922(a)(6) for knowingly and unlawfully misrepresenting his residence to a federally licensed firearms dealer in connection with his acquisition of a firearm.

The indictment alleged that Mendoza "did knowingly and unlawfully exhibit a false and fictitious State of Texas Chauffeur's License which stated, among other things, that...

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