United States v. Edward Henry Robbins

Robbins was convicted under both counts of a two count indictment charging violations of 18 U.S.C. § 922 (h) and 18 U.S.C. Appendix § 1202(a).

I.

THE FACTS.

Robbins had been convicted of burglary, a felony, in the state of Minnesota in 1966 and of a federal felony in 1971. On December 6, 1976, he consented to a search of his pickup truck by local police in Arlington, Washington. The police found under the driver’s seat a triple action safety model Hopkins & Allen .38 pistol in a holster with a cartridge belt containing live ammunition. The pistol was loaded. Robbins was using the alias of Greene and consequently his felony convictions were not then known to the police. He was charged in the Justice Court of the Cascade District with a misdemeanor, carrying a pistol without a permit, and fined $100. His possession of the pistol on December 6 is the basis for Count II of the indictment. That count charged that Robbins “ . . . having been convicted of felonies . . . did knowingly receive and possess in commerce and affecting commerce a firearm, that is, a Hopkins and Allen .38 caliber revolver. . . . ”

On February 17, Robbins went to the Cascade District Court and asked for the…