United States of America, Appellee, v. Michael Vincent Catalano, Appellant, 453 F.2d 397 (2d Cir. 1971)

Appellant was convicted below of having violated 18 U.S.C. (Appendix) Sec. 1202(a), 1970 Ed., Vol. IV, p. 4474.¹  The Government proved that appellant had been convicted of a felony and that in his home he possessed two firearms, a .38 caliber Smith and Wesson Special Revolver and a .25 caliber Browning Automatic Pistol. Appellant did not deny the government proof but contended the statute as it applied to him is unconstitutional. He relied upon our decision in the quite similar case of United States v. Bass, 434 F.2d 1296 (2 Cir. 1970), wherein we stated that the statute required the Government to show that the firearms which the defendant possessed were received, possessed, or transported in commerce or affected commerce, a showing that was not made there, or made here.

The Government obtained United States Supreme Court review of our decision and the decision has been affirmed. The present case having remained undecided awaiting the guidance now received, we reverse the judgment below. United States v. Bass, 404 U.S. 336, 92 S. Ct. 515, 30 L. Ed. 2d 488 decided Dec. 20, 1971.