United States v. Claude E. Brody, United States of America v. Leonard B. Brody, Jr.

The defendants, Claude E. Brody and Leonard B. Brody, Jr., brothers, were charged in a two-count indictment with willfully possessing an unregistered shotgun in violation of 26 U.S.C. § 5861 (d) and with transportation of two sawed-off shotguns in interstate commerce for the purpose of committing a bank robbery, in violation of 18 U.S.C. § 924(b). The jury returned a guilty verdict on the “possession” count, [§ 5861(d)] and a not guilty verdict on the “transportation” count for both defendants. The District Court sentenced each defendant to ten years imprisonment on the first count.

On appeal,…