UNITED STATES v. KELLY

Nos. 74-1961 and 74-1962.

519 F.2d 251 (1975)

UNITED STATES of America, Appellee, v. Theodore W. KELLY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 14, 1975.


Attorney(s) appearing for the Case

Thomas M. Bradshaw, Asst. Fed. Public Defender, Kansas City, Mo., for Theodore W. Kelly.

Robert G. Ulrich, Asst. U.S. Atty., Kansas City, Mo., for United States of America.

Before LAY and HENLEY, Circuit Judges, and REGAN, District Judge.


LAY, Circuit Judge.

This case presents two issues: (1) whether a felon who steals a firearm may be convicted of "receiving" a firearm under 18 U.S.C. App. § 1202(a)(1), and (2) whether the district court properly refused to invoke the Dangerous Special Offenders Act, 18 U.S.C. § 3575, for failure of the government to give adequate notice. We answer both in the affirmative and affirm.

On November 4, 1972, defendant was wanted for questioning by the...

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