UNITED STATES v. CASSITY

No. 74-1711.

509 F.2d 682 (1974)

UNITED STATES of America, Appellee, v. David Russell CASSITY, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 27, 1975.


Attorney(s) appearing for the Case

Gwynn Townes, Seattle, Wash., for appellant.

Susan L. Barnes, Asst. U. S. Atty., Seattle, Wash., for appellee.

Before MERRILL and GOODWIN, Circuit Judges, and WOLLENBERG, District Judge.


OPINION

PER CURIAM:

David Russell Cassity appeals a conviction under 18 U.S.C. App. § 1202(a)(1) (felon in possession of a firearm in or affecting commerce).

Cassity's first assignment of error asserts that in his case the facts do not provide an adequate nexus with interstate commerce to satisfy § 1202(a)(1). We agree, and reverse the conviction.

In 1970, Cassity was convicted in the state of Washington of car theft, a felony....

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