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UNITED STATES v. McSHANE

No. 71-2941.

462 F.2d 5 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Miha McSHANE, a/k/a Joseph Molae Miha, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 9, 1972.

Attorney(s) appearing for the Case

Jared H. Jossem (argued), of Moore, Torkildson & Schulze, Honolulu, Hawaii, for defendant-appellant.

Harold M. Fong, Asst. U. S. Atty. (argued), Robert F. Fukuda, U. S. Atty., Honolulu, Hawaii, for plaintiff-appellee.

Before BROWNING, WRIGHT and CHOY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

McShane appeals his convictions on three firearms violations: possession of a weapon by a felon, 18 U.S.C. App. § 1202(a); possession of an unregistered firearm, 26 U.S.C. § 5861(d); and possession of a firearm bearing no serial number, 26 U.S.C. § 5861(i). The court sentenced him to a two-year term and two four-year terms, all to run concurrently. The conviction under 18 U.S.C. App. § 1202(a) must be reversed because...

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