United States v. Cabbler, 14240
| Decision Date | 09 July 1970 |
| Docket Number | No. 14240,14331.,14240 |
| Citation | 429 F.2d 577 |
| Parties | UNITED STATES of America, Appellee, v. Ernest William CABBLER, Appellant. UNITED STATES of America, Appellee, v. Herbert William CABBLER, Appellant. |
| Court | U.S. Court of Appeals — Fourth Circuit |
John H. Kennett, Jr., Roanoke, Va. (Court-appointed counsel in No. 14,240 only) for appellants.
Birg E. Sergent, James G. Welsh, Asst. U. S. Attys. (Leigh B. Hanes, Jr., U. S. Atty., on brief) for appellee.
Before BRYAN and CRAVEN, Circuit Judges, and LEWIS, District Judge.
This is the consolidated appeal of two brothers, Ernest and Herbert Cabbler, who were separately tried and convicted on December 11, 1969 for violations of Federal gun control laws. Ernest was found guilty of possessing a firearm after having previously been convicted of a felony in violation of 18 U.S.C. App. § 1202(a) (1). Herbert was convicted on charges of making false statements both in connection with the acquisition of a firearm in violation of 18 U.S.C. § 922(a) (6) and with respect to the records required to be kept by a firearms dealer in violation of 18 U.S.C. § 924(a).
Having carefully considered all of the numerous points raised by the appellants in this appeal, including inter alia the constitutionality of the Gun Control Act, the sufficiency of the evidence to convict, and an allegedly illegal search and seizure, we are not persuaded that the convictions should be disturbed.
Affirmed.
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United States v. Synnes
...his possession of it affected commerce. They further held the statute to be a valid exercise of congressional power. United States v. Cabbler, 429 F.2d 577 (4th Cir.), cert. denied, 400 U.S. 901, 91 S.Ct. 138, 27 L.Ed.2d 138 (1970); United States v. Daniels, 431 F.2d 697 (9th Cir. 1970). Ho......
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United States v. Bass 8212 71
...passed upon the issue presented by this case have decided it adversely to the position urged by the respondent here. United States v. Cabbler, 429 F.2d 577 (CA4 1970), cert. denied, 400 U.S. 901, 91 S.Ct. 138, 27 L.Ed.2d 138; United States, v. Mullins, 432 F.2d 1003 (CA4 1970); United State......
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Stevens v. United States
...Circuits. United States v. Synnes, 438 F.2d 764 (8th Cir.); United States v. Daniels, 431 F.2d 697 (9th Cir.); and United States v. Cabbler, 429 F.2d 577 (4th Cir.), cert. denied, 400 U.S. 901, 91 S.Ct. 138, 27 L.Ed.2d 138. We respectfully decline to follow the rationale of the Second Circu......
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U.S. v. Bell
...abandon that principle initially applied in Bass. We conclude therefore that the conviction below must be reversed. 1 United States v. Cabbler, 429 F.2d 577 (4th Cir.), cert. denied, 400 U.S. 901, 91 S.Ct. 138, 27 L.Ed.2d 138 (1970); United States v. Mullins, 432 F.2d 1003 (4th Cir. 1970), ......