UNITED STATES v. TOUS

No. 72-1209.

461 F.2d 656 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Harold TOUS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 5, 1972.


Attorney(s) appearing for the Case

Michael D. Nasatir, of Nasatir, Sherman & Hirsch, Beverly Hills, Cal., for defendant-appellant.

William D. Keller, U. S. Atty., Eric A. Nobles, Leslie E. Osborne, Jr., Asst. U. S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before HAMLEY, CHOY and GOODWIN, Circuit Judges.


PER CURIAM:

This is an appeal from a conviction under 26 U.S.C. § 5861(d) (possessing an unregistered machine gun) and a sentence of one year's probation. We affirm.

The first point asserts that a conviction cannot stand without evidence that the defendant received or transported the firearm through interstate commerce. Interstate activity, however, is not an element of the crime under 26 U.S.C. § 5861. The statute is silent on the score of commerce...

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