No. 91-5033.

971 F.2d 608 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Harold E. STAPLES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 3, 1992.

Attorney(s) appearing for the Case

Susan W. Pennington, Asst. U.S. Atty. (Tony M. Graham, U.S. Atty. and Neal B. Kirkpatrick, Asst. U.S. Atty., with her on the brief), for plaintiff-appellee.

Clark O. Brewster of Brewster and Shall-cross, (Jennifer L. DeAngelis, with him on the brief), Tulsa, Okl., for defendant-appellant.

Before ANDERSON and EBEL, Circuit Judges, and ANDERSON, District Judge.


Harold E. Staples, III, appeals from his conviction on one count of unlawful possession of an unregistered machinegun in violation of 26 U.S.C. §§ 5841, 5861(d), and 5871. Staples contends that the district court erred: (1) by failing to instruct the jury that scienter is an element of unlawful possession under 26 U.S.C. § 5861; (2) by excluding certain documentary evidence under Fed.R.Evid. 401; and (3) by refusing...

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