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U.S. v. O'MARA

No. 90-50632.

963 F.2d 1288 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Michael J. O'MARA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 8, 1992.

Attorney(s) appearing for the Case

Marcia J. Brewer, Los Angeles, Cal., for defendant-appellant.

Steven M. Bauer, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before SCHROEDER and KOZINSKI, Circuit Judges, and HOGAN, District Judge.

SCHROEDER, Circuit Judge:

Michael J. O'Mara appeals from his conviction after jury trial for possession of an unregistered firearm in violation of 26 U.S.C. § 5861(d). The weapon in question was a Sten machinegun built and designed to fire in either fully automatic or semiautomatic mode by manipulation of a visible, external selection switch. It is not disputed that the weapon was in fact a machinegun which is defined in 26 U.S.C. § 5845(b) to include all...

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