Michael Pasterchik v. United States

In this appeal, which we deemed suitable for disposition without oral argument under Rule 3(a), U.S.Ct. of App. 9th Cir. Rules, Pasterchik seeks a reversal of the District Court’s Order denying his 28 U.S.C. § 2255 motion. He contends that the court erred by overlooking important defects in his two convictions and refusing to vacate them. We agree that one of Pasterchik’s convictions should be vacated, but as to the other, we agree with the District Court’s decision that the conviction should stand.

In 1968, Pasterchik was convicted of violating 15 U.S.C. § 902(e) [possession of a firearm by a…