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United States Ninth Circuit


US v. Montoya-Gaxiola, 14-10255

Conviction for possessing an unregistered sawed-off shotgun with a barrel of less than eighteen inches in length, in violation of the National Firearms Act, 28 U.S.C. section 5861(d), is reversed and remanded for a new trial where the district court erred by failing to instruct the jury as to the mens rea element of the charge.

Appellate Information

  • Decided 08/10/2015
  • Published 08/10/2015

Judges

  • Kobayashi

Court

  • United States Ninth Circuit

Counsel

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