Cooper

Defendant has heretofore been charged (Case Cr. No. 11,617 in this Court) with, and was, on June 14, 1956, convicted in this Court of assault with a dangerous weapon with intent to do bodily harm, a violation of § 113(c) of Title 18, United States Code. The United States Attorney for this District has now filed in this instant case an Information charging defendant with being a convicted felon in possession of a concealable firearm (a violation of California Penal Code, § 12021), upon an area within the federal jurisdiction, in violation of Title 18, United States Code, § 13 . It is alleged in the Information that the defendant has heretofore been convicted in the State of Louisiana of two prior felonies, to-wit: Shooting with intent to kill and shooting with intent to murder, respectively. Defendant has responded to the Information on file in this case with a motion to dismiss based on three grounds, namely:

(1) The Information does not state facts sufficient to constitute an offense against the United States;

(2) The defendant has been convicted of the offense charged in this case in Case Cr. No. 11,617, above referred to; and

(3) The defendant has been in jeopardy of…