UNITED STATES v. KELLY

No. 75-1121.

519 F.2d 794 (1975)

UNITED STATES of America, Plaintiff-Appellant, v. Robert P. KELLY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 11, 1975.

Rehearing and Rehearing Denied July 2, 1975.

Certiorari Denied November 3, 1975.


Attorney(s) appearing for the Case

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

John S. Connolly, St. Paul, Minn., for appellee.

Before GIBSON, Chief Judge, and HEANEY and STEPHENSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 2, 1975.

Certiorari Denied November 3, 1975. See 96 S.Ct. 272.

HEANEY, Circuit Judge.

Robert P. Kelly was indicted for violation of 18 U.S.C. App. § 1202(a)(1), which prohibits possession of a firearm by one who has previously been convicted of a felony. The District Court dismissed the indictment, holding that Kelly was not a convicted felon within the meaning of the statute. We reverse.

The...

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