Michael Pasterchik v. United States

This is a consolidated appeal. In No. 21645-A, appellant Michael Pasterchik was convicted of violating 18 U.S.C. § 2312 , which proscribes the transportation of a stolen motor vehicle in interstate commerce. In No. 21645-B, the indictment charged two offenses, and Pasterchik was convicted of both. Count I alleged the violation of 15 U.S.C. § 902 (e), the transportation of a firearm in interstate commerce by a person previously convicted of a crime punishable by imprisonment for a term exceeding one year. Count II charged Pasterchik with having transported a stolen firearm in interstate commerce, a violation of 15 U.S.C. § 902 (g). He received identical, concurrent sentences for his conviction under counts I and II of the indictment in No. 21645-B.

Here Pasterchik first contends that his conviction for transportation of the stolen motor vehicle cannot stand because it was obtained by use of the fruits of an unlawful search. Secondly, he urges that there is insufficient evidence to support the firearm convictions.

THE INTERSTATE TRANSPORTATION OF THE STOLEN CAR—

No. 21645-A

In the latter part of April 1966, Paster-chik registered as “Dr. Michael Paster-chik” at a motor hotel in…