United States v. Carl P. Fiorito

KNOCH, Senior Circuit Judge.

Defendant-appellant, Carl P. Fiorito, has taken this appeal from his conviction in a jury trial on an indictment charging possession of firearms in violation of Title 18 United States Code, App. § 1202(a).

Appellant contends that error occurred in admission of evidence allegedly improperly seized and attacks the statute as unconstitutional. We do not reach these issues, as the government concedes, and we so find, that the indictment is fatally defective in that it merely charges that appellant, who had previously been convicted of a felony, possessed firearms, with…