No. 71-1079
Summary Calendar.*
United States Court of Appeals, Fifth Circuit.
Jan. 20, 1972.
*736Daniel S. Pearson, Alan M. Medof, Pearson & Josefsberg, P. A., Miami, Fla., for Stanley Brock.
Robert W. Rust, U. S. Atty., Miami, Fla., James H. Walsh, Atty., U. S. Dept, of Justice, Miami, Fla., for United States, Sidney M. Glazer, Shirley Bac-cus-Lobel, Attys., Dept, of Justice, Washington, D. C., of counsel.
Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.
Defendant, a previously convicted felon, was indicted and convicted of willfully and knowingly possessing a firearm in violation of 18 U.S.C. App. § 1202(a). The conviction must be reversed because the government neither alleged nor proved that the firearm was possessed “in commerce or affecting commerce,” as required by the recent decision of- the United States Supreme Court in United States v. Bass, 404 U.S. 336, 92 S.Ct. 515, 30 L.Ed.2d 488.
Reversed.
454 F.2d 735
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