United States v. Gilbert G. Padia

AINSWORTH, Circuit Judge:

Gilbert Padia appeals his conviction under 18 U.S.C. §§ 922(h) and 924 1 after trial before the district court (jury trial having been waived), on a charge of receiving firearms that had been shipped in interstate commerce while being a convicted felon. Padia contends that the district court erred in failing to hold that defendant was not a convicted felon when he received the weapons involved in this case. We reject that assertion and affirm his conviction.

On August 26, 1977, Padia sold two rifles that had been stolen approximately six days earlier to an undercover…