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UNITED STATES v. HERBERT

Nos. 81-1740, 81-1741.

698 F.2d 981 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Anthony HERBERT, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John David HERBERT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 7, 1983.

Attorney(s) appearing for the Case

James Hamilton Kemper, Kemper & Henze, Phoenix, Ariz., for Joseph Herbert.

Richard Michael Traynor, Traynor & Herbert, P.C., Chandler, Ariz., for John Herbert.

Susan A. Ehrlich, Phoenix, Ariz., for United States.

Before SKOPIL and FLETCHER, Circuit Judges, and SCHWARTZ, District Judge.

SKOPIL, Circuit Judge:

John David Herbert and Joseph Anthony Herbert appeal their convictions of conspiracy to violate the firearm laws contrary to 18 U.S.C. § 371, and of possession, making, and transferring of unregistered machine guns in violation of 26 U.S.C. § 5861(d), (e) and (f). We affirm as to John Herbert and reverse as to Joseph Herbert.

I

Appellant John Herbert, an attorney, and John Davis, a gun dealer, delivered five automatic...

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