UNITED STATES v. McCONNEY

No. 80-1012.

728 F.2d 1195 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Winston Bryant McCONNEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 10, 1984.


Attorney(s) appearing for the Case

Sanford Svetcov, Chief, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Gilbert Eisenberg, Filippelli & Eisenberg, San Francisco, Cal., for defendant-appellant.

Before BROWNING, WRIGHT, GOODWIN, SNEED, TANG, FLETCHER, ALARCON, NELSON, CANBY, BOOCHEVER, and NORRIS, Circuit Judges.


Argued and Submitted En Banc June 15, 1982.

NORRIS, Circuit Judge, delivered Parts I, II, and III of the opinion of the court.

GOODWIN, Circuit Judge, delivered Parts IV and V of the opinion of the court.

Winston McConney was convicted on stipulated facts of violating 18 U.S.C. § 922(h) which prohibits a convicted felon from receiving firearms shipped in interstate commerce. His appeal challenges the...

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