Legal Opinion

United States v. James W. Alverson

Court of Appeals for the Ninth Circuit

Decided January 4, 1982No. 80-1864PublishedCited by 78 opinions

1Opinion of the Court

*344FLETCHER, Circuit Judge:

Defendant Alverson appeals both his conviction on four counts of possession of unregistered machine guns in violation of 26 U.S.C. § 5861(d) (1976) and his sentence. Defendant contends that the evidence was insufficient to sustain his conviction. He also raises several challenges to his sentence. We note jurisdiction under 28 U.S.C. § 1291 (1976). We affirm his conviction but vacate his sentence and remand the case for resentencing before a different judge.

I

FACTS

Alverson was indicted on July 9, 1980, and tried on October 7-9, 1980. Testimony revealed that on June 29,…

2Cases cited39 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. United States v. TuckerSupreme Court of the United States · 1972
  3. Albernaz v. United StatesSupreme Court of the United States · 1981
  4. United States v. Joseph Conforte and Sally ConforteCourt of Appeals for the Ninth Circuit · 1980
  5. United States v. James P. CravenCourt of Appeals for the Sixth Circuit · 1973

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3Cited by78 opinions

  1. Davis & Cox, a Partnership, Plaintiff-Appellee/cross-Appellant v. Summa Corporation, Defendant-Appellant/cross-Appellee. Chester C. Davis, Plaintiff-Appellee/cross-Appellant v. Summa Corporation, Defendant-Appellant/cross-Appellee. Summa Corporation, Defendant-Counterclaimant/appellant v. Davis & Cox, a Partnership, Chester C. Davis, Maxwell E. Cox, Howard M. Jaffe and Martin Cook, Plaintiffs-Counterdefendants/appellees. Summa Corporation, Hughes Aircraft Corporation, Defendants- Counterclaimants/appellants v. Chester C. Davis, Davis & Cox, Maxwell E. Cox, Howard M. Jaffe and D. Martin Cook, Counterdefendants/appelleesCourt of Appeals for the Ninth Circuit · 1985
  2. United States v. Sears, Roebuck & Company, Inc.Court of Appeals for the Ninth Circuit · 1986
  3. United States v. Darnell GarciaCourt of Appeals for the Ninth Circuit · 1994
  4. United States v. Michael A. Pelusio, Thomas A. PelusioCourt of Appeals for the Second Circuit · 1983
  5. United States v. EdmonsonCourt of Appeals for the Ninth Circuit · 1986

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