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UNITED STATES v. WILDER

No. 78-1725.

621 F.2d 1077 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. John William WILDER, a/k/a William John Wilder, a/k/a William Jay Wilder, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided May 19, 1980.

Attorney(s) appearing for the Case

Charles W. Daniels of Freedman, Boyd & Daniels, Albuquerque, N. M., for defendant-appellant.

Thomas S. Udall, Asst. U. S. Atty., Albuquerque, N. M. (R. E. Thompson, U. S. Atty., Albuquerque, with him on brief), for plaintiff-appellee.

Before HOLLOWAY and BARRETT, Circuit Judges, and BRIMMER, District Judge.

BARRETT, Circuit Judge.

John William Wilder (Wilder) appeals from a jury conviction finding him guilty of violating 18 U.S.C. App. § 1202(a)(1), which declares it unlawful for a convicted felon to possess a firearm.

The sole issue on appeal involves the correctness of the trial court's refusal to grant Wilder's motion to dismiss the charges based upon his contention that his prior felony conviction was constitutionally infirm.

A factual background...

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