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UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT, v. SAMUEL E. NICHOLS, DEFENDANT-APPELLEE.

PER CURIAM:

The Government appeals from the dismissal by the District Court of an indictment against defendant who was charged with knowingly making a false statement (specifically, that he had not been convicted of a crime punishable by imprisonment for a term exceeding one year) in connection with the acquisition of a firearm from a licensed dealer in firearms, in violation of 18 U.S.C. § 922(a)(6).

18 U.S.C. § 922 reads in pertinent part as follows:
"(a) It shall be unlawful —


The sole question on appeal is whether under the statute referred to it is necessary that the Government allege and prove a connection between interstate commerce and the defendant in order to obtain a conviction. We reaffirm our prior holding in United States v. Nelson, 5 Cir., 1972, 458 F.2d 556, that such an allegation or proof is unnecessary. See also United States v. Laisure, 5 Cir., 1972, 460 F.2d 709; United States v. Lebman, 5 Cir., 1972, 464 F.2d 68 [June 2, 1972]; United States v. Nix, 5 Cir., 1972, 465 F.2d 90 [August 1, 1972].

The District Court declined to follow our holding in Nelson, in which the identical issue now before us was decided, being of the opinion that United States v. Bass, 404 U.S. 336, 92 S.Ct. 515, 30 L.Ed.2d 488 (1972), was controlling. We expressly rejected this conclusion in Nelson and clearly distinguished the holding in Bass which deals with 18 U.S.C. App. § 1202, a statute with which we are not here concerned.

18 U.S.C. § 1202(a)(1), the pertinent part of the statute involved in Bass, provides:
"(a) Any person who —

(1) has been convicted by a court of the United States or of a State or any political subdivision thereof of a felony,


Reversed and remanded.

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UNITED STATES v. NICHOLS
(Sep 29, 1972)