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UNITED STATES v. MALONE

No. 75-2636.

538 F.2d 250 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Edward Thomas MALONE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 23, 1976.

Attorney(s) appearing for the Case

Danilo J. Becerra, Federal Public Defender (argued), Los Angeles, Cal., for defendant-appellant.

Brendan Lynch, Asst. U.S. Atty. (argued), Los Angeles, Cal., for plaintiff-appellee.

Before MERRILL and WRIGHT, Circuit Judges, and RENFREW, District Judge.

OPINION

PER CURIAM:

Appellant was convicted on two counts of possession of a firearm by a felon. [18 U.S.C. App. § 1202(a)(1)]. On appeal he contends that the government failed to prove that there was sufficient nexus between his possession and interstate commerce. We agree and reverse the convictions.

The indictment charged that appellant "knowingly possessed and received" two firearms on or about...

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