Legal Opinion

United States v. Theodore W. Kelly

Court of Appeals for the Eighth Circuit

Decided July 14, 1975No. 74-1961 and 74-1962PublishedCited by 44 opinions

1Opinion of the Court

LAY, Circuit Judge.

This case presents two issues: (1) whether a felon who steals a firearm may be convicted of “receiving” a firearm under 18 U.S.C. App. § 1202(a)(1), and (2) whether the district court properly refused to invoke the Dangerous Special Offenders Act, 18 U.S.C. § 3575, for failure of the government to give adequate notice. We answer both in the affirmative and affirm.

On November 4, 1972, defendant was wanted for questioning by the police in Kansas City, Missouri. When he was stopped, he was searched and a .357 caliber revolver was found in his clothing. At that time he was…

2Cases cited17 opinions

  1. United States v. BassSupreme Court of the United States · 1971
  2. Haggar Co. v. Helvering, Com'r of Internal RevenueSupreme Court of the United States · 1940
  3. Helvering v. HammelSupreme Court of the United States · 1941
  4. United States v. KatzSupreme Court of the United States · 1926
  5. United States v. Standard Brewery, Inc.Supreme Court of the United States · 1920

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

3Cited by44 opinions

  1. Scarborough v. United StatesSupreme Court of the United States · 1977
  2. State v. McDonaldSupreme Court of Missouri · 1983
  3. United States v. Henry Albert SteevesCourt of Appeals for the Eighth Circuit · 1975
  4. United States v. Marce BellCourt of Appeals for the Second Circuit · 1975
  5. United States v. Joseph C. IlacquaCourt of Appeals for the Sixth Circuit · 1977

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

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