United States v. Charles George Stapleton

Stapleton, a convicted felon, was charged with receiving firearms which had been shipped in interstate commerce, a violation of 18 U.S.C. § 922 (h) (1976). He moved to suppress two handguns found in the trunk of a ear he had been using. The court suppressed the firearms but concluded there was sufficient independent untainted evidence of guilt. It sentenced him to three years imprisonment and a $5,000 fine.

Stapleton argues that his constitutional rights were violated because the government decided to prosecute under § 922(h) rather than 18 U.S.C. App. § 1202(a) (1976), which carries a lesser maximum penalty. He also challenges the sufficiency of the evidence and the court’s failure to prepare a memorandum of agreed matters at the conclusion of the pretrial conference.

We withheld submission pending disposition by the Supreme Court in United States v. Batchelder, 581 F.2d 626 (7th Cir. 1978). The appeal is now submitted and we affirm.

On April 3, 1978, Stapleton presented two handguns, a .22 magnum High Standard pistol and a .357 magnum Colt pistol, for storage by a licensed gun dealer in Blaine, Washington. He retrieved the guns on May 1, 1978.

Minutes after his arrest the…