United States v. Bennie Sherman Redus

The appellee, Bennie Sherman Redus, was indicted by a federal grand jury in the Northern District of California. The indictment, in one count, charged the violation of 18 U.S.C. § 922 (a)(1), unlawful dealing in firearms and ammunition. The indictment is presented in the margin.

On January 26, 1972, the indictment was dismissed on motion of defendant’s counsel. The Government appeals the dismissal of the indictment. Jurisdiction for the appeal is found in 18 U.S.C. § 3731 . There are no factual issues involved in this case. No evidentiary hearing was held by the court, and the appeal is concerned solely with the question of law.

In his oral decision granting dismissal, Judge Robert F. Peckham noted that the Government had not alleged that the activity of the defendant “. . . had anything to do with interstate or foreign commerce.” The court relied on United States v. Bass, 404 U.S. 336 , 92 S.Ct. 515 , 30 L.Ed.2d 488 (1971), in which the Supreme Court of the United States held that 18 U.S.C.App. § 1202(a)(1) required as an element of the crime charge and proof of an interstate commerce nexus.

We find that the reliance of the lower court on Bass was misplaced, that the rationale…