United States v. Hayden Thopless Crow

Convicted of violating § 1202(a) of the Omnibus Crime Control and Safe Streets Act of 1968 ( Pub.L. 90-351, Title VII, § 1202(a), June 19, 1968, 82 Stat. 236 ; 18 U.S.C. Appendix § 1202(a), Crow appeals. The offense occurred on November 16, 1969. Crow was driving a pickup truck in an unlawful manner, and was stopped by police officers. They saw in the truck an M-l carbine wrapped in a jacket. It was fully loaded, with one round in the chamber and a loaded 16 round magazine attached. Crow had been convicted in 1959 in Texas of a felony, murder without malice.

1. Must possession be in or affecting commerce? If not, is the statute unconstitutional?

Both of these questions were answered “no” by us in United States v. Daniels, 9 Cir., 1970, 431 F.2d 697 .

2. Is the statute, as applied to Crow, an ex post facto law?

In raising this question Crow does not rely on the fact that his Texas conviction occurred long before the statute was enacted. Nor could he; the offense occurred after the statute was enacted and became effective. United States v. Karnes, 9 Cir., 1971, 437 F.2d 284 . Rather, he argues that if the statute, as applied to him, is construed as making his mere possession of…