Legal Opinion

United States v. Joseph Miha McShane A/K/A Joseph Molae Miha

Court of Appeals for the Ninth Circuit

Decided August 9, 1972No. 71-2941PublishedCited by 44 opinions

1Opinion of the Court

EUGENE A. WRIGHT, Circuit Judge:

McShane appeals his convictions on three firearms violations: possession of a weapon by a felon, 18 U.S.C. App. § 1202(a); possession of an unregistered firearm, 26 U.S.C. § 5861(d); and possession of a firearm bearing no serial number, 26 U.S.C. § 5861(i). The court sentenced him to a two-year term and two four-year terms, all to run concurrently. The conviction under 18 U.S.C. App. § 1202(a) must be reversed because the prosecution did not allege or prove a link between the weapon and interstate commerce as required by United States v. Bass, 404 U.S. 336, 92…

2Cases cited6 opinions

  1. United States v. BassSupreme Court of the United States · 1971
  2. Jesse James Gilbert v. United StatesCourt of Appeals for the Ninth Circuit · 1966
  3. People v. TroutCalifornia Supreme Court · 1960
  4. Vogt v. United StatesCourt of Appeals for the Fifth Circuit · 1946
  5. People v. JacksonCalifornia Court of Appeal · 1971

1 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. United States v. Katrina Ann TingleCourt of Appeals for the Ninth Circuit · 1981
  2. Roberts v. StateCourt of Criminal Appeals of Texas · 1977
  3. United States of America, and Cross-Appellant v. Randolph Short, and Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1991
  4. Norman J. Johnson v. Clarence TriggCourt of Appeals for the Seventh Circuit · 1994
  5. State v. OlinghouseSupreme Court of Missouri · 1980

39 more not listed; retrieve them via the Exa API.

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