United States v. James W. Alverson
Court of Appeals for the Ninth Circuit
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,…
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