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U.S. v. SHAW

No. 09-2669.

670 F.3d 360 (2012)

UNITED STATES of America, Appellee, v. Hazen D. SHAW, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 29, 2012.

Attorney(s) appearing for the Case

Jonathan G. Mermim , with whom Preti, Flaherty, Beliveau & Pachios, LLP was on brief, for appellant.

Renée M. Bunker , Assistant United States Attorney, with whom Thomas E. Delahanty II , United States Attorney, was on brief, for appellee.

Before BOUDIN, LIPEZ and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

A jury convicted the defendant, Hazen Shaw, on one count of possessing an unregistered short-barreled shotgun in violation of the National Firearms Act. 26 U.S.C. §§ 5861(d), 5871. At trial, he moved for a judgment of acquittal, Fed. R.Crim.P. 29, contending that the Government failed to present sufficient evidence that he knew the shotgun's barrel was shorter than 18 inches, the statutory characteristic subjecting the weapon to the...

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