The United States of America v. Hector G. Camacho, the United States of America v. Jose Dolores Raygoza

In a consolidated jury trial appellants were convicted of violations of the Gun Control Act of 1968 — on one count of conspiracy, in violation of 18 U.S.C. § 371 , and three substantive counts of the sale and delivery of firearms to nonresidents by appellant Camacho, aided and abetted by appellant Raygoza, in violation of 18 U.S.C. § 922 (b)(3) and 2. We affirm both convictions.

Factual Background

Camacho is a federally licensed firearms dealer who has a small store in Somerton, Arizona near the Mexican border. On August 21, 1974 Lieutenant Pena, a Mexican Army officer on assignment with the Alcohol, Tobacco, and Firearms Division of the U.S. Department of the Treasury, went to Camacho’s store and told Camacho that he was from Mexico and was interested in purchasing firearms. Camacho asked Pena if he had someone to sign the registration forms required by the Gun Control Act. Pena stated that he did not. At about that time Raygoza came into the store. Camacho suggested that Pena should ask Raygoza to sign the form. Raygoza declined, explaining that he had done so on too many previous occasions. At Camacho’s suggestion Pena left with Raygoza to find someone else to sign.…