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U.S. v. STARKES

No. 92-5190.

32 F.3d 100 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. William Edward STARKES, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 10, 1994.

Attorney(s) appearing for the Case

ARGUED: Bruce Robert Williamson, Jr., Williamson & Toscano, Charlottesville, VA, for appellant. Ray Burton Fitzgerald, Jr., Asst. U.S. Atty., Roanoke, VA, for appellee. ON BRIEF: E. Montgomery Tucker, U.S. Atty., Roanoke, VA, for appellee.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

Remanded for a new trial by published per curiam opinion.

OPINION

PER CURIAM:

Appellant William Edward Starkes was convicted under 26 U.S.C. § 5861(d) of one count of possession of an unregistered firearm, specifically, a sawed-off shotgun, in the United States District Court for the Western District of Virginia. The jury had been instructed under Shilling, infra, and his conviction was affirmed by this court on June 16, 1993. United...

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