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U.S. v. CRUZ

No. 94-10282.

50 F.3d 714 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Anthony CRUZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 20, 1995.

Attorney(s) appearing for the Case

F. Randall Cunliffe, Cunliffe, Cook, Maher & Keeler, Agana, Guam, for defendant-appellant.

Karon V. Johnson, Asst. U.S. Atty., Agana, Guam, for plaintiff-appellee.

Before: FLETCHER, PREGERSON, and RYMER, Circuit Judges.

RYMER, Circuit Judge:

We must decide whether 18 U.S.C. § 922(j), which makes it unlawful for a person to receive "any stolen firearm" "which has been shipped or transported" in interstate commerce knowing that the firearm "was stolen," applies to any firearm that has travelled in interstate commerce and is thereafter stolen, or only to a firearm which has travelled in interstate commerce as a stolen firearm.

Joseph Anthony Cruz was convicted on a conditional...

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