United States v. Tepper

MEMORANDUM OPINION AND ORDER

MATSCH, District Judge.

Defendant Harvey Tepper was charged with and pleaded guilty to knowingly and unlawfully possessing a short-barreled shotgun which was not registered in the National Firearms Registration and Transfer Record, in violation of 26 U.S.C. §§ 5861(d) and 5871. Subsequent to this court’s acceptance of Tepper’s guilty plea, but prior to his sentencing, the Tenth Circuit Court of Appeals decided United States v. Dalton, 960 F.2d 121 (10th Cir.1992), holding that due process bars conviction under 26 U.S.C. § 5861(d) for possessing an unregistered…