Académique Documents
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No. 10-5256
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston.
Thomas E. Johnston,
District Judge. (2:09-cr-00222-42)
Submitted:
June 9, 2011
Decided:
August 2, 2011
PER CURIAM:
Eric
possession
violation
of
of
W.
Wolfe
firearm
18
U.S.C.
was
convicted
by
an
after
unlawful
922(g)(3),
jury
user
of
924(a)(2)
trial
of
drugs,
in
(2006).
The
confinement.
On
appeal,
Wolfe
challenges
the
district
and
pawnshop
ticket
associated
with
the
firearm.
v.
question
Dunlap,
of
290
whether
F.3d
we
191,
are
197
(4th
presented
Cir.
with
2002)
live
([T]he
case
or
For the
III
gives
federal
courts
jurisdiction
only
substantial
legal
interests,
controversy
a
between
dispute
hypothetical or abstract.
parties
definite
and
having
adverse
concrete,
not
Union, 442 U.S. 289, 298 (1979) (internal quotation marks and
2
ellipsis
omitted).
case
is
moot,
and
thus
no
longer
Townes v. Jarvis,
(standing)
(mootness).
must
Arizonans
continue
for
throughout
Official
its
English
existence
v.
Arizona,
three
required
elements
for
Article
III
standing:
(1)
Townes,
who
is
an
unlawful
user
of . . . any
controlled
possessed
922(g)(3).
firearm
that
affected
commerce.
18
U.S.C.
Wolfe had possessed the Rock Island firearm and that it had
moved in and affected interstate commerce.
The stipulations
were signed by Wolfe and his attorney and admitted into evidence
at trial.
invalid.
Cf.
United
(9th Cir.
2002)
States
v.
(concluding
Larson,
that,
302
if
F.3d
1016,
defendants
1020
trial
firearm
by
felon
was
found
valid,
court
would
lack
and
pawn
ticket
should
have
been
suppressed,
Wolfe
the
the
Rock
Island
soundness
of
firearm
his
and
conviction
pawn
ticketwould
and,
thus,
appeal
as
would
not
not
with
oral
we
dismiss
argument
the
because
the
facts
moot.
and
We
legal
DISMISSED