United States v. Cavataio

MEMORANDUM OPINION AND ORDER DENYING DEPENDANT’S MOTION TO DISMISS

PHILIP PRATT, District Judge.

An indictment returned in this District charges defendant with having knowingly received a firearm which had been shipped in interstate commerce after being convicted of a crime punishable by imprisonment in excess of one year, in violation of 18 U.S.C. § 922(h)(1). The defendant challenges the indictment because, he asserts, the only conviction charged in the indictment which involves an offense punishable by more than a year’s imprisonment is a 1970 Michigan conviction for malicious destruction of…