United States v. Joseph Miha McShane A/K/A Joseph Molae Miha
Court of Appeals for the Ninth Circuit
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
- United States v. BassSupreme Court of the United States · 1971
- Jesse James Gilbert v. United StatesCourt of Appeals for the Ninth Circuit · 1966
- People v. TroutCalifornia Supreme Court · 1960
- Vogt v. United StatesCourt of Appeals for the Fifth Circuit · 1946
- People v. JacksonCalifornia Court of Appeal · 1971
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- United States v. Katrina Ann TingleCourt of Appeals for the Ninth Circuit · 1981
- Roberts v. StateCourt of Criminal Appeals of Texas · 1977
- United States of America, and Cross-Appellant v. Randolph Short, and Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1991
- Norman J. Johnson v. Clarence TriggCourt of Appeals for the Seventh Circuit · 1994
- State v. OlinghouseSupreme Court of Missouri · 1980
39 more not listed; retrieve them via the Exa API.