United States v. David Russell Cassity

David Russell Cassity appeals a conviction under 18 U.S.C. App. § 1202(a)(1). (felon in possession of a firearm in or affecting commerce).

Cassity’s first assignment of error asserts that in his case the facts do not provide an adequate nexus with interstate commerce to satisfy § 1202(a)(1). We agree, and reverse the conviction.

In 1970, Cassity was convicted in the state of Washington of car theft, a felony. In November of 1973, acting on a tip, special agents of the Bureau of Alcohol, Tobacco, and Firearms entered Cassity’s home with a search warrant and seized a Savage rifle.

Section 1202(a)(1) provides that:

The Savage rifle taken from Cassity’s home was shipped from Westfield, Massachusetts, to Los Angeles, California, in October, 1966. Cassity purchased the rifle in the state of Washington from a friend in the early spring of 1973.

The United States Supreme Court considered the element “in commerce or affecting commerce” in United States v. Bass, 404 U.S. 336 , 92 S.Ct. 515 , 30 L.Ed.2d 488 (1971). The court stated:

This court reversed a § 1202(a)(1) “possession” conviction in United States v. McShane, 462 F.2d 5 (9th Cir. 1972), because “* * * the prosecution…