United States v. Robert Julian Quiroz, United States of America v. William Henry Alsup

Appellants, following a conviction by a jury, were sentenced and placed on probation under the Youth Correction Act. The convictions were based on an indictment charging appellants with a violation of 18 U.S.C. § 922 (g), to-wit, transporting firearms in interstate commerce while appellants were under indictment for a crime punishable by imprisonment for a term exceeding one year, to-wit the Dyer Act, 18 U.S.C. § 2312 . Two guns were found in the car in which the appellants were traveling. One was a .22 caliber firearm belonging to appellant Quiroz, and the other a .22 caliber starter gun belonging to appellant Alsup. Prior to trial the Dyer Act charge was dismissed.

Both appellants contend:

(1) 18 U.S.C. § 922 (g) is constitutionally defective insofar as it applies to one as to whom the underlying indictment has been dismissed prior to trial; (2) 18 U.S.C. § 921 (a) (3) is unconstitutionally vague in its definition of a firearm; and (3) that the evidence was insufficient to support the conviction. (4) Appellant Alsup also contends that the trial court erred in admitting expert testimony that a .22 caliber starter pistol could be converted into a weapon that would shoot…