UNITED STATES v. BEHENNA

No. 75-1991.

552 F.2d 573 (1977)

UNITED STATES of America, Appellee, v. Francis A. BEHENNA, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 23, 1977.


Attorney(s) appearing for the Case

Kenneth Eaton, Jr., Florence, S.C. [Court-appointed] on brief for the appellant.

Mark W. Buyck, Jr., U. S. Atty., and Eric Wm. Ruschky, Asst. U. S. Atty., Columbia, S. C., on brief for appellee.

Before BOREMAN, Senior Circuit Judge, and WINTER and CRAVEN, Circuit Judges.


BOREMAN, Senior Circuit Judge:

A jury convicted Francis A. Behenna of making a particularized false statement to two South Carolina licensed firearms dealers in connection with the purchase of firearms, in violation of 18 U.S.C. § 922(a)(6). He appeals, contending that the district court erred in refusing a request to instruct the jury that a defendant's honest and reasonable belief that he could legally purchase a firearm was a defense to the charged violation...

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