United States v. Allen

First Circuit Court of Appeals

Aug. 22, 1996.

This page is marked noindex.

First Circuit Court of Appeals · decided 1996-08-22

Applies 26 U.S.C. § 5861 (§ 201 of the Gun Control Act of 1968)

Relies on Whren v. United States · Triplett v. Lehman

Opinion by Per Curiam · Decided 1996-08-22

NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished opinions may be cited only in related cases.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE

Robert A. Levine on brief for appellant.

Jay P. McCloskey, United States Attorney, Jonathan R. Chapman and F. Mark Terison, Assistant United States Attorneys, on brief for appellee.

D.Me.

AFFIRMED.

Before TORRUELLA, Chief Judge, CYR and STAHL, Circuit Judges.

PER CURIAM.

¶1

The defendant appeals his conviction for possession of a short barrel shotgun in violation of 26 U.S.C. § 5861(d), contending that the gun was found as the result of a pretextual stop of his vehicle by the police. Because this case is controlled by the recent decision in Whren v. United States, 116 S.Ct. 1769 (1996), we affirm the judgment below.

¶2

Affirmed. Loc. R. 27.1.