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U.S. v. GRAVENMEIR

No. 96-10295.

121 F.3d 526 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. C. Gene GRAVENMEIR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 8, 1997.

Attorney(s) appearing for the Case

Sandra Gillies, Woodland, California, for defendant-appellant.

Eugene Illovsky and Mark L. Krotoski, Assistant United States Attorneys, Sacramento, California, for plaintiff-appellee.

Before: REINHARDT, T.G. NELSON and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

Gene Gravenmeir was convicted of being a felon in possession of a firearm and of possessing a machinegun, in violation of 18 U.S.C. § 922(g)(1) & (o). Gravenmeir alleges several defects in the jury instructions, challenges the sufficiency of the evidence on the § 922(o) charge, and challenges the constitutionality of both provisions as being in excess of Congress's power under the Commerce Clause.

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