Legal Opinion

Frank James Stevens v. United States

Court of Appeals for the Sixth Circuit

Decided March 22, 1971No. 20488PublishedCited by 79 opinions

1Opinion of the Court

PHILLIPS, Chief Judge.

Two questions are presented on this appeal: (1) Is possession of a firearm by a person previously convicted of a felony a violation of federal criminal law when the indictment does not charge and the evidence does not establish that the firearm was in commerce or affected commerce? (2) If so, did Congress have the power to enact such a statute? We answer both questions in the affirmative and uphold the conviction of Frank James Stevens for violation of 18 U.S.C. App. § 1202(a) (1).

This statute, which was enacted as a part of Title VII of the Omnibus Crime Control and…

2Cases cited29 opinions

  1. Gibbons v. OgdenSupreme Court of the United States · 1824
  2. Weems v. United StatesSupreme Court of the United States · 1910
  3. Wickard v. FilburnSupreme Court of the United States · 1942
  4. United States v. DarbySupreme Court of the United States · 1941
  5. Heart of Atlanta Motel, Inc. v. United StatesSupreme Court of the United States · 1965

24 more not listed; retrieve them via the Exa API.

3Cited by79 opinions

  1. United States v. BassSupreme Court of the United States · 1971
  2. United States v. EmersonCourt of Appeals for the Fifth Circuit · 2001
  3. Peoples Rights Organization, Inc., Plaintiffs-Appellees/cross-Appellants v. City of Columbus, Defendants-Appellants/cross-AppelleesCourt of Appeals for the Sixth Circuit · 1998
  4. United States v. Edgar Cherry GantCourt of Appeals for the Fifth Circuit · 1982
  5. United States v. Harvey Lloyd NapierCourt of Appeals for the Sixth Circuit · 2000

74 more not listed; retrieve them via the Exa API.

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