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UNITED STATES v. WILEY

No. 72-1516.

478 F.2d 415 (1973)

UNITED STATES of America, Appellee, v. Earthia B. WILEY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 20, 1973.

Attorney(s) appearing for the Case

Stewart R. Perry, Minneapolis, Minn., for appellant.

Joseph T. Walbran, Asst. U. S. Atty., Minneapolis, Minn., for appellee.

Before MATTHES, Chief Judge, and ROSS and STEPHENSON, Circuit Judges.

ROSS, Circuit Judge.

Earthia B. Wiley was originally indicted for knowingly receiving and possessing a firearm, after having been convicted of a felony, under 18 App. U.S.C. § 1202(a)(1). No allegation was made that the firearm was "in or affecting commerce." He appealed his conviction to this Court, and we affirmed, holding that no nexus with interstate commerce need be shown in cases charging receiving and possessing. United States v. Wiley,

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