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U.S. v. CHAPMAN

No. 92-1932.

7 F.3d 66 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene Jessie CHAPMAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 29, 1993.

Attorney(s) appearing for the Case

Ira Kirkendoll, Federal Public Defender, Susan Bronstein Dunleavy, Asst. Federal Public Defender, Dallas, TX, for defendant-appellant.

Phillip C. Umphres, Asst. U.S. Atty., Richard H. Stephens, U.S. Atty., Dallas, TX, for plaintiff-appellee.

Before HIGGINBOTHAM, DAVIS, and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case presents issues under the firearms statutes including a question of the sufficiency of the proof that a defendant knew he remained under indictment after his conviction in a Texas court. We find that the government failed to prove Chapman knew he was under indictment when he denied it while purchasing a gun. We reverse his conviction on the two counts that required this proof. We affirm Chapman's conviction on two...

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