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DAMERON v. UNITED STATES

No. 73-2778.

488 F.2d 724 (1974)

James R. DAMERON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 23, 1974.

Attorney(s) appearing for the Case

Cecil M. Burglass, Jr., New Orleans, La., for petitioner-appellant.

Robert E. Hauberg, U. S. Atty., E. Donald Strange, Asst. U. S. Atty., Jackson, Miss., Marshall Tamor Golding, Asst. U. S. Atty., U. S. Dept. of Justice, Washington, D. C., for respondent-appellee.

Before TUTTLE, GEWIN and RONEY, Circuit Judges.

RONEY, Circuit Judge:

We hold that a person can successfully attack collaterally a conviction under 18 U.S.C.A. § 922(g) (1) for interstate transportation of a firearm by a convicted felon when his counselless state felony conviction has been subsequently voided under the constitutional principles of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963).

Dameron...

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