United States v. John Richard Liles

Defendant Liles appeals from a conviction for violating Title VII of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. app. §§ 1201-1203 (possession of a firearm by a convicted felon).

In February 1969 Liles was convicted of a felony by a federal district court. He was released on his own recognizance during the pendency of his appeal. In October 1969, while at liberty, Liles entered the sporting goods section of the Tri-State Store in Moses Lake, Washington, and told a salesman that he wanted to buy a western type holster and belt for what appeared to be a revolver he showed the salesman. Shortly thereafter, Liles was indicted for violating the gun control provisions of the Omnibus Crime Act which, inter alia, makes it unlawful for anyone who has been convicted of a felony, with stated exceptions, to possess a firearm. 18 U.S.C. app. § 1202. He was convicted on February 26, 1970. Although he did not learn of it until after this conviction, Liles’ earlier felony conviction had been reversed by the United States Court of Appeals for the Fifth Circuit on February 25, 1970. (United States v. Duke, 423 F.2d 387 .) Liles’ counsel made appropriate and timely motions to…