Legal Opinion

United States v. Robert P. Kelly

Court of Appeals for the Eighth Circuit

Decided July 2, 1975No. 75-1121PublishedCited by 26 opinions

1Opinion of the Court

HEANEY, Circuit Judge.

Robert P. Kelly was indicted for violation of 18 U.S.C. App. § 1202(a)(1), which prohibits possession of a firearm by one who has previously been convicted of a felony. The District Court dismissed the indictment, holding that Kelly was not a convicted felon within the meaning of the statute. We reverse.

The parties stipulated that Kelly had been convicted in Minnesota state court in 1970 of the crime of simple robbery, that he had served time in a reformatory pursuant to that conviction, and that, upon his release in August, 1973, he was granted a restoration of civil…

2Cases cited3 opinions

  1. Wallace F. Thrall v. Cecil M. Wolfe, Regional Commissioner, Internal Revenue ServiceCourt of Appeals for the Seventh Circuit · 1974
  2. United States v. Howard Wayne MostadCourt of Appeals for the Eighth Circuit · 1973
  3. United States v. Tommy Bruce GlasgowCourt of Appeals for the Eighth Circuit · 1973

3Cited by26 opinions

  1. Dickerson v. New Banner Institute, Inc.Supreme Court of the United States · 1983
  2. United States v. Glen Stewart FryerCourt of Appeals for the Sixth Circuit · 1977
  3. United States v. Charles Michael PottsCourt of Appeals for the Ninth Circuit · 1975
  4. United States v. Gerald Ray BergemanCourt of Appeals for the Ninth Circuit · 1979
  5. United States v. Pasquale Matassini, A/K/A Pat Matassini, and Robert E. RodriguezCourt of Appeals for the Fifth Circuit · 1978

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