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UNITED STATES v. PRUNER

No. 78-3560.

606 F.2d 871 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Russell PRUNER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 15, 1979.

Attorney(s) appearing for the Case

Marshall W. Krause, Krause, Timan, Baskin, Shell & Grant, Larkspur, Cal., for defendant-appellant.

Mark L. Webb, Asst. U. S. Atty., Larry A. Morse, Bureau of ATF, San Francisco, Cal., for plaintiff-appellee.

Before KENNEDY and TANG, Circuit Judges and PALMIERI, District Judge.

TANG, Circuit Judge:

Pruner appeals his conviction for receipt of a firearm by a person who has been convicted of a crime punishable by imprisonment for a term exceeding one year. 18 U.S.C. § 922(h)(1). Pruner raises three issues on appeal. First, he argues that his previous conviction was not for a crime punishable by imprisonment exceeding one year within the meaning of section 922(h)(1). Second, he argues that knowledge or scienter that the earlier crime carried...

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