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UNITED STATES v. TWO REVOLVERS

May 19, 1970

UNITED STATES of America, Plaintiff,
v.
TWO REVOLVERS & ONE SHOTGUN, Defendant


Beeks, District Judge.


The opinion of the court was delivered by: BEEKS

Defendant, through claimant, has moved for Summary Judgment on the ground that the firearms were not subject to seizure under 18 U.S.C. § 924(d) in that claimant was not a felon within the meaning of 18 U.S.C. § 1202(a)(1) Appendix. *fn1"

 Claimant pleaded guilty in the State of Tennessee to the crime of petit larceny, punishable by not less than (1) year nor more than (5) years. Claimant pleaded guilty on the assurance that the plea would result in reducing the crime to a misdemeanor *fn2" and would avoid serving time in the state penitentiary. In fact a jury was impaneled *fn3" and recommended that in view of the guilty plea claimant be found guilty of a misdemeanor and sentenced to the county workhouse to a confinement of eleven months and twenty-nine days. *fn4" Claimant served this term.

 Under 18 U.S.C. § 1202(c)(2) Appendix, felony has been defined as follows:

 
"'felony' means any offense punishable by imprisonment for a term exceeding one year, but does not include any offense (other than one involving a firearm or explosive) classified as a misdemeanor under the laws of a State and punishable by a term of imprisonment of two years or less;"

 Thus if claimant was subject to a term of imprisonment for a term of two years or less he would be a misdemeanant by Federal standards. However, the Tennessee misdemeanor statute *fn5" simply separates felonies and misdemeanors by the place of imprisonment or the death penalty. For the potential length of sentence one must turn to the substantive Tennessee statute, in this case, Petit Larceny, containing a five year maximum.

 Because of the five year maximum claimant was clearly a felon by Federal standards and the two revolvers and one shotgun were properly seized. Defendant's ...


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