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U.S. v. BEHANNA

Nos. 85-1261, 85-1262.

814 F.2d 1318 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Barbara BEHANNA and William Galemoor, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 10, 1987.

Attorney(s) appearing for the Case

William R. Tidwell, Las Vegas, Nev. and Lorn Aiken, Los Angeles, Cal., for defendants-appellants.

Howard J. Zlotnick and David J. Moynihan, Las Vegas, Nev., for plaintiff-appellee.

Before TANG, SCHROEDER and NORRIS, Circuit Judges.

SCHROEDER, Circuit Judge:

The appellants were tried jointly and each was convicted of possession of an unregistered firearm in violation of 26 U.S.C. § 5861(d) (1982). Police discovered a machine gun in a black bag on the floor of an automobile occupied by the defendants. Both appeal. The sufficiency of the evidence in Behanna's case is the most serious issue raised. We reverse her conviction because of the government's failure to establish she had any knowledge...

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