U.S. v. HAYDEN

No. 94-3349.

64 F.3d 126 (1995)

UNITED STATES of America, v. William O. HAYDEN, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 28, 1995.


Attorney(s) appearing for the Case

Karen S. Gerlach (argued), Office of Federal Public Defender, Pittsburgh, PA, for appellant.

Michael L. Ivory (argued), Bonnie R. Schlueter, Office of U.S. Atty., Pittsburgh, PA, for appellee.

Before: SCIRICA, NYGAARD and McKEE, Circuit Judges


OPINION OF THE COURT

SCIRICA, Circuit Judge.

Appellant William Hayden was convicted of receiving a firearm while under a felony "information," 18 U.S.C. § 922(n) (1988). The issue on appeal is the meaning of "willfully" in the statute's penalty provision, 18 U.S.C. § 924(a)(1)(D) (1988 & Supp. V 1993). We will reverse and remand.

I.

In January 1993, Pennsylvania authorities charged Hayden with receiving stolen property and...

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