Legal Opinion

United States v. James Daniels, United States of America v. James Daniels

Court of Appeals for the Fourth Circuit

Decided September 10, 1992No. 91-5711, 92-6016PublishedCited by 37 opinions

1Opinion of the Court

OPINION

WILKINS, Circuit Judge:

James Daniels was convicted of possessing a firearm that was not registered to him in the National Firearms Registration and Transfer Record, 26 U.S.C.A. § 5861(d) (West 1989), and of transferring a firearm in violation of the provisions of 26 U.S.C.A. § 5812(a) (West 1989), 26 U.S.C.A. § 5861(e) (West 1989). Daniels principally contends that this latter conviction must be reversed due to the insufficiency of his indictment. Agreeing that the indictment failed to charge each of the elements of the offense, we reverse Daniels’ conviction under § 5861(e). We find…

2Cases cited7 opinions

  1. Stirone v. United StatesSupreme Court of the United States · 1960
  2. Russell v. United StatesSupreme Court of the United States · 1962
  3. United States v. J. Murray Hooker, IICourt of Appeals for the Fourth Circuit · 1988
  4. United States v. John CinaCourt of Appeals for the Seventh Circuit · 1983
  5. United States v. Alfonso Adalberto Pupo, United States of America v. George GovantesCourt of Appeals for the Fourth Circuit · 1988

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

3Cited by37 opinions

  1. United States v. Du BoCourt of Appeals for the Ninth Circuit · 1999
  2. United States v. James Peter DarbyCourt of Appeals for the Fourth Circuit · 1994
  3. United States v. Salomon S. LoayzaCourt of Appeals for the Fourth Circuit · 1997
  4. United States v. Laureano-PerezCourt of Appeals for the First Circuit · 2015
  5. United States v. Michael Charles VinyardCourt of Appeals for the Fourth Circuit · 2001

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

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