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UNITED STATES v. GRAFF

No. 71-2346.

451 F.2d 1389 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Robert GRAFF, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 7, 1972.

Attorney(s) appearing for the Case

Robert H. Stevenson (argued), Seattle, Wash., for defendant-appellant.

Thomas B. Russell, Asst. U. S. Atty. (argued), Ernest Scott, Jr., Asst. U. S. Atty., Stan Pitkin, U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before CHAMBERS, HAMLEY and GOODWIN, Circuit Judges.

PER CURIAM:

The judgment of conviction for possession of and for transferring an automatic rifle is affirmed.

In our view, the implications of United States v. Freed, 401 U.S. 601, 91 S.Ct. 1112, 28 L.Ed.2d 356 (1971) require affirmance.

While the record would seem to indicate that Graff is not vicious but a bumbler, our view is that the jury's verdict was permissible.

True, it is a felony conviction, but it...

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