Louis James Kelly v. United States

LEWIS, Circuit Judge.

The appellant, Louis James Kelly, was found guilty by a jury of a violation of 15 U.S.C.A. § 902(e) 1 and, after the trial court denied a motion for acquittal, 146 F.Supp. 747, was sentenced to two years’ imprisonment. On this appeal he questions the sufficiency of the evidence to show interstate transportation of the firearm and further contends that burglary in the second degree under the law of Missouri is not a crime of violence within the scope of sec. 902(e), supra.

The evidence submitted to the jury establishes the following facts: Kelly and another were arrested in…