United States v. Ronald Anthony Mitchell

Mitchell, previously convicted of a felony, here appeals his recent federal conviction on three counts under 18 U.S.C. § 922 (h), a portion of the Gun Control Act of 1968, Pub.L. No. 90-618, 82 Stat. 1213 (1968). Section 922(h) reads in relevant part:

Appellant concedes that in 1959 he was convicted of vehicle theft, a state offense punishable by more than one year in prison. He contends, however, that section 922(h) is applicable only to concealable weapons, not sporting firearms such as the rifle and two shotguns found in his possession. Alternatively, he contends that there was insufficient evidence to show his receipt of the weapons from interstate commerce. We find both contentions without merit and affirm his conviction on each of the three counts.

I.

The Facts.

The facts, stipulated for the purposes of this appeal, are as follows: On June 23, 1976, appellant Mitchell appeared at the parole revocation hearing of one Larry Gas-kins. Appellant there testified that a Winchester twelve-gauge shotgun found in a garage, to which Gaskins had a key, had been placed there by appellant for storage until he could decide what to do with the weapon. Appellant stated that this…