UNITED STATES v. JAMES

No. 26762.

443 F.2d 348 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene Billy JAMES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 24, 1971.


Attorney(s) appearing for the Case

C. James Judson (argued), of Davis, Wright, Todd, Riese & Jones, Seattle, Wash., for defendant-appellant.

Jack C. Wong (argued), Asst. U. S. Atty., Portland, Or., Stan Pitkin, U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before JERTBERG, ELY and KILKENNY, Circuit Judges.


PER CURIAM:

By Count II of an indictment, appellant was charged and later convicted by a jury of violating 26 U.S.C. § 5861(d), in that he did possess a 20-gauge automatic Remington shotgun, Model 11, Serial No. 1035377, with a barrel length of 14½ inches, which had not been registered to him in the National Firearms Registration and Transfer Record maintained under 26 U.S.C. § 5841.

Section 5861(d) provides in pertinent part that it shall be...

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