[Download] "United States v. Smith" by Fifth Circuit United States Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Smith
- Author : Fifth Circuit United States Court Of Appeals
- Release Date : January 22, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
On June 14, 1977 a federal magistrate in the Middle District of Alabama issued a search warrant authorizing the search of appellant's residence in Phenix City, Alabama, on a finding that there was probable cause to believe that gambling records and paraphernalia were concealed on the premises. The warrant was executed on June 16, 1977, by federal agents. During the search a substantial number of firearms were found. More than four years before the search Smith had been convicted of violating 18 U.S.C. § 371, a felony. Title 18 U.S.C. App. § 1202(a) proscribes the receipt, possession and transportation of a firearm in interstate commerce by a convicted felon. Following the June 16, 1977 discovery and seizure of the firearms at Smith's home, he was indicted in four separate counts for violating § 1202(a). Count 1 related to his alleged possession of a Rohm 38 caliber revolver. Count 2 involved a Smith and Wesson 38 special revolver. Count 3 charged possession of a Remington 12 gauge shotgun, and Count 4 charged possession of a Winchester 22 caliber rifle. Smith was tried before a jury on December 5th and 6th, 1977. All four counts were submitted to the jury as a single charge, and the jury found Smith guilty. He was sentenced to imprisonment for a term of one year to be served consecutive to the sentence he had received in a gambling conspiracy case that also followed the search of his premises.