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UNITED STATES v. MacKAY

No. 79-1224.

606 F.2d 264 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Arthur MacKAY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 9, 1979.

Attorney(s) appearing for the Case

Gerald M. Birnberg (argued), Jerry D. Patchen, Houston, Tex., on brief, for defendant-appellant.

Michael D. Hawkins, U. S. Atty., Phoenix, Ariz., on brief; Eugene R. Bracamonte, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before ELY and SNEED, Circuit Judges, and TAKASUGI, District Judge.

PER CURIAM:

Robert Arthur MacKay ("MacKay") appeals his conviction for the violation of 18 U.S.C. §§ 922(g)(1) and 924(a), which proscribes the transportation of a firearm in interstate commerce by a felon.

On August 1, 1978, during a colloquy between MacKay and an Assistant United States Attorney pertaining to an unrelated criminal investigation, MacKay stated he was an ex-felon and that he presently possessed a gun in his motor vehicle.

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