Legal Opinion · Dissent

United States v. Floyd Orion Allen

Court of Appeals for the Fourth Circuit

Decided June 6, 1977No. 75-1965Published

1DissentWinter, Circuit Judge

I respectfully dissent.

The majority draws a nice distinction as to whether Allen was convicted of a violation of the 1968 Gun Control Act because he was a previously convicted felon, or whether he was convicted because he lied about being a previously convicted felon. The majority concludes that he was convicted of *725the latter, and since the purpose of the Act was to keep firearms from those who may be “reasonably believed” to have been involved in felonious activity, the reasonable belief may be established by proof of even a void prior conviction.

Even if convicted only because he lied, the…

2Cases cited9 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Linkletter v. WalkerSupreme Court of the United States · 1965
  4. United States v. TuckerSupreme Court of the United States · 1972
  5. Burgett v. TexasSupreme Court of the United States · 1967

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