United States v. Crandall, 71-1212.
Decision Date | 17 January 1972 |
Docket Number | No. 71-1212.,71-1212. |
Parties | UNITED STATES of America, Appellee, v. Lester Irving CRANDALL, Defendant, Appellant. |
Court | U.S. Court of Appeals — First Circuit |
Norman S. Reef, Portland, Me., by appointment of the Court, for appellant.
Kevin M. Cuddy, Asst. U. S. Atty., with whom Peter Mills, U. S. Atty., was on brief, for appellee.
Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.
In spite of able argument by defendant's counsel we consider this appeal to be lacking in merit. Defendant's motion for acquittal was denied, and thereafter he was found guilty of making a false statement, to wit, of supplying a false name, address, and date of birth in connection with his acquisition of a firearm. 18 U.S.C. § 922(a) (6). Following a denial of two motions for new trial on the basis of newly discovered evidence, he appeals.
Defendant's primary contention is that the misrepresentation was not one of a "fact material to the lawfulness of the sale,"1 because, although the jury could find that defendant did misrepresent his identity, in actual fact, regardless of name, he was not a prohibited buyer within section 922, subsections (b) and (d). Hence, he says, the misrepresentation was not material. In making this contention defendant overlooks subsection (5) of section (b) which makes the sale unlawful, without limitation, in every case, unless the seller records the "name, age, and place of residence" of the purchaser.2 It follows from the fact that the sale is illegal unless these matters are correctly recorded, that their misstatement is a misrepresentation of a "fact material to the lawfulness of the sale." For confirmatory legislative history, see 1968 U.S.Code Cong. & Adm.News p. 4419.
See also United States v. Silverman, 2 Cir., 1970, 430 F.2d 106, 119-120, cert. denied 402 U.S. 953, 91 S.Ct. 1619, 29 L.Ed.2d 123; Jones v. United States, 4 Cir., 1960, 279 F.2d 433, 435-436, cert. denied sub nom. Accardo v. United States, 364 U.S. 893, 81 S.Ct. 226, 5 L.Ed.2d 190. There are no extraordinary circumstances in the case at bar. The court was as entitled to resolve a disagreement between expert witnesses as any other. Its finding defendant's new evidence unpersuasive ends the matter.
Defendant next contends that 18 U.S.C. Chapter 44 (Firearms) is unconstitutional as applied in this case. He relies on United States v. Bass, 2 Cir., 1970, 434 F.2d 1296, which has since been modified by the Supreme Court in United States v. Bass, 1971, 404 U.S. 336, 92 S.Ct. 515, 30 L.Ed.2d 488. The Court's ruling in Bass, that to establish a violation of 18 U.S.C. App. § 1202(a) proof that the receipt, possession or transportation of a firearm must involve interstate commerce, has no effect upon 18 U.S.C. § 922(b). Section 922(b) contains no analogous language from which a requirement that the transaction be in interstate commerce could be inferred. Nor does the absence of such a requirement render section 922(b) unconstitutional. That section regulates transactions with licensed...
To continue reading
Request your trial-
U.S. v. Buck, 73-3560
...instruction was a correct enough statement of the law, United States v. Gudger, 472 F.2d 566 (5th Cir. 1972); United States v. Crandall, 453 F.2d 1216 (1st Cir. 1972), and in no way altered or amended the indictment or invaded the province of the jury as claimed by Appellant next contends t......
-
Cody v. United States, 71-1357.
...Cong., 1st Sess., ser. 3 (1967). We disagree. The First Circuit has rejected a similar challenge to the statute in United States v. Crandall, 453 F.2d 1216 (1st Cir. 1972), and we find Judge Aldrich's reasoning to be persuasive: The section regulates transactions with licensed dealers, whos......
-
U.S. v. Bunker
...not require it to reject the testimony. (Coates v. United States (1969) 134 U.S.App.D.C. 97, 413 F.2d 371; see also United States v. Crandell (1st Cir. 1972) 453 F.2d 1216; United States v. Fuentes (5th Cir. 1970) 432 F.2d 405.) Because there was substantial evidence that Bunker had the req......
-
U.S.A v. Frazier
...that lying about a street address on Form 4473 was a material misrepresentation that violated § 922(a)(6)); United States v. Crandall, 453 F.2d 1216, 1217 (1st Cir.1972) (holding that misrepresentation of one's name, age, and place of residence was material to the lawfulness of a sale). Lik......