United States v. Ezio Giannini and Charlotte Giannini

Charlotte and Ezio Giannini appeal from their conviction for violating federal gun control statutes by reason of their dealings with certain submachine guns and their interstate transportation of ammunition.

Two indictments were returned against appellants. The first indictment charged both appellants with three counts for violations of 26 U.S.C. § 5861 (c) (possession of an Ingram subma-chine gun made in violation of 26 U.S.C. § 5822 ); 26 U.S.C. § 5861 (d) (possession of an unregistered Sten Mark V submachine gun); 26 U.S.C. § 5861 (h) (possession of an M-3 submachine gun whereon the serial number required by § 5842(a) had been obliterated). Ezio was charged with a fourth count, violation of 26 U.S.C. § 5861 (e) (transfer of a Sten Mark V submachine gun without complying with the transfer provision of 26 U.S.C. § 5812 (a) and without payment of the transfer tax imposed by 26 U.S.C. § 5811 (a)). The second indictment charged both appellants with violation of 18 U.S.C. § 922 (g) (1) (interstate transportation of ammunition while under indictment). A jury found appellants respectively guilty of each charge. The district court sentenced Ezio to five years imprisonment on each of…