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U.S. v. MONTOYA-GAXIOLA

No. 14-10255.

796 F.3d 1118 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Rosario Aurelio MONTOYA-GAXIOLA, aka Rosario Montoya-Gaxiola, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2015.

Attorney(s) appearing for the Case

Brenda Dabdoub-Caballero , Tucson, AZ, for Defendant-Appellant.

Angela W. Woolridge (argued), Assistant United States Attorney; John S. Leonardo , United States Attorney; Robert L. Miskell , Appellate Chief, Tucson, AZ, for Plaintiff-Appellee.

Before: RICHARD A. PAEZ and RICHARD R. CLIFTON, Circuit Judges and LESLIE E. KOBAYASHI, District Judge.

OPINION

Defendant-Appellant Rosario Montoya-Gaxiola ("Rosario") appeals the district court's judgment of conviction and sentence for, inter alia, violating the National Firearms Act ("the Act"), 26 U.S.C. §§ 5801-5872, arguing that the court failed to instruct the jury on the mens rea...

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