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UNITED STATES v. ROE

No. 73-1652.

495 F.2d 600 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Mack ROE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 26, 1974.

Attorney(s) appearing for the Case

Harris L. Hartz, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., with him on the brief), for plaintiff-appellee.

Winston Roberts-Hohl, Asst. Federal Public Defender, Albuquerque, N. M., for defendant-appellant.

Before PICKETT, BREITENSTEIN and BARRETT, Circuit Judges.

PICKETT, Circuit Judge.

Appellate Roe was convicted on a three count indictment arising out of his possession of a "sawed-off shotgun." The first two counts charged violations of the National Firearms Act, 26 U.S.C. § 5861(d) and (i). The third count alleges the interstate transportation of firearms by Roe having been theretofore convicted of a crime punishable by imprisonment for a period of more than one year in violation of 18 U.S.C. § 922(g) (1).

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