United States v. Robert Manuel Madril

Appellant appeals from a conviction and sentence for the offense of posses sion of’a firearm by a felon in violation of 18 U.S.C. App. § 1202(a) (1). He contends, (1) that he was illegally detained prior to his arrest and search; which resulted in the finding of the firearm, to-wit, a pistol and a clip; (2) that the possession of the firearm must be “in commerce”; (3) that 18 U.S.C. App. §§ 1201 and 1202 are unconstitutional, in that Congress exceeded its powers under the commerce clause of the Constitution, and that said statutes are vague and indefinite; and (4) that the trial court erred in admitting into evidence the firearm and the clip. We affirm.

On January 11, 1970, two police officers observed an auto traveling about 10 miles per hour in excess of the speed limit. They followed the car for approximately two blocks until it was parked and then approached the auto. There were four occupants in the car — the driver, the appellant and two other occupants. One of the officers recognized the appellant as an individual he had previously known. The officer asked the driver for proof of ownership of the vehicle, which the driver was unable to produce, and as to the other…