Legal Opinion
United States v. Terry Oliver Walker
Court of Appeals for the Seventh Circuit
Decided March 18, 1974No. 73-1246PublishedCited by 17 opinions
1Opinion of the Court
STEVENS, Circuit Judge.
The district court dismissed an indictment charging that defendant, a convicted felon, had received a firearm “in commerce and affecting commerce,” in violation of 18 U.S.C. App. § 1202(a).1 352 F.Supp. 113. The government’s appeal raises two questions: (1) whether, since the dismissal was based on facts not set forth in the indictment, the order is appealable; and (2) whether, since defendant’s possession of the firearm was unrelated to its earlier interstate shipment, the indictment charged an offense.
The indictment is drafted in the language of the statute.2 After…
2Cases cited16 opinions
- United States v. BassSupreme Court of the United States · 1971
- Rewis v. United StatesSupreme Court of the United States · 1971
- Perez v. United StatesSupreme Court of the United States · 1971
- United States v. FruehaufSupreme Court of the United States · 1961
- United States v. Frank Altobella and James MoxleyCourt of Appeals for the Seventh Circuit · 1971
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- United States v. Casimir StaszcukCourt of Appeals for the Seventh Circuit · 1975
- United States v. Marce BellCourt of Appeals for the Second Circuit · 1975
- United States v. Mitchell M. CalhounCourt of Appeals for the Seventh Circuit · 1975
- United States v. Theodore W. KellyCourt of Appeals for the Eighth Circuit · 1975
- United States v. Three Winchester 30-30 Caliber Lever Action Carbines, Etc., and Edgar Allen Tucker, InterveningCourt of Appeals for the Seventh Circuit · 1974
12 more not listed; retrieve them via the Exa API.