United States v. Joseph Miha McShane A/K/A Joseph Molae Miha
Opinion
Opinion
Wright, J.
McShane appeals his convictions on three firearms violations: possession of a weapon by a felon, 18 U.S.C. App. § 1202(a); possession of an unregistered firearm, 26 U.S.C. § 5861 (d); and possession of a firearm bearing no serial number, 26 U.S.C. § 5861 (i). The court sentenced him to a two-year term and two four-year terms, all to run concurrently. The conviction under 18 U.S.C. App. § 1202(a) must be reversed because the prosecution did not allege or prove a link between the weapon and interstate commerce as required by United States v. Bass, 404 U.S. 336 , 92 S.Ct. 515 , 30 L.Ed.2d 488 (1971). We affirm the convictions on the other two counts.
In July 1971 Treasury agents obtained a warrant to search for firearms at a Honolulu apartment. The magistrate issued the warrant on the strength of information from a previously proven informer, who had personally observed several handguns and a sawed-off shotgun in McShane’s possession. The agents joined forces with Honolulu po lice officers in an eight-man task force. They anticipated danger, since McShane had earlier been convicted for firing a weapon at a police officer and escaping from custody.