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UNITED STATES v. POTTS

No. 74-1817.

528 F.2d 883 (1975)

UNITED STATES of America, Plaintiff-Appellant, v. Charles Michael POTTS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 19, 1975.

Attorney(s) appearing for the Case

Robert S. Linnell (argued), U.S. Atty., Yakima, Wash., for plaintiff-appellant.

John A. Moore, Jr. (argued), Yakima, Wash., for defendant-appellee.

Before CHAMBERS, KOELSCH, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE and SNEED, Circuit Judges.

OPINION

KOELSCH, Circuit Judge:

We took this case in banc in order to re-examine the principal question presented in United States v. Hoctor, 487 F.2d 270 (9th Cir. 1973).

Appellee Potts, like Hoctor, was charged with a federal crime requiring as an element the defendant's prior conviction of a felony.1 Both Potts and Hoctor had been convicted of a felony under the laws of the...

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