United States v. Janet Arlean Jones

Jones, in a jury trial, was convicted on six counts of an indictment charging violations of 26 U.S.C. § 5861 (d) [possession of an unregistered machine gun], 26 U.S.C. § 5861 (e) [illegal transfer of a submachine gun], and 18 U.S.C.App. 1202(a) [unlawful possession of a weapon by a felon]. Inasmuch as the sentences were for the same period of time and made to run concurrently, we need sustain the validity of only one conviction to affirm the judgment. United States v. Jack, 439 F.2d 879 (9th Cir.1971); United States v. McKinney, 433 F.2d 921 (9th Cir.1970); Johnson v. United States, 427 F.2d 537 (9th Cir.1970); and United States v. Wong, 425 F.2d 1077 (9th Cir.1970). Consequently, we shall examine only the judgment of conviction on the third count.

BACKGROUND

During the month of May, appellant was living with friends in Hollister, California. When she moved into another home, she took several machine guns which had been left with her by another friend with whom she had been living. On May 21st, a special agent of the Treasury Department visited appellant in her home. With him at the time was one of appellant’s friends. The agent expressed an interest in purchasing one of the…