451 F2d 1389 United States v. Graff

451 F.2d 1389

UNITED STATES of America, Plaintiff-Appellee,
v.
Robert GRAFF, Defendant-Appellant.

No. 71-2346.

United States Court of Appeals,
Ninth Circuit.

Jan. 7, 1972.

Robert H. Stevenson (argued), Seattle, Wash., for defendant-appellant.

Thomas B. Russell, Asst. U. S. Atty. (argued), Ernest Scott, Jr., Asst. U. S. Atty., Stan Pitkin, U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before CHAMBERS, HAMLEY and GOODWIN, Circuit Judges.

PER CURIAM:

view counter
1

The judgment of conviction for possession of and for transferring an automatic rifle is affirmed.

2

In our view, the implications of United States v. Freed, 401 U.S. 601, 91 S.Ct. 1112, 28 L.Ed.2d 356 (1971) require affirmance.

3

While the record would seem to indicate that Graff is not vicious but a bumbler, our view is that the jury's verdict was permissible.

4

True, it is a felony conviction, but it is apparent that if defendant is a good probationer, because of his youth, his conviction will disappear from the record under applicable law.