United States v. Antonio Joseph Ocegueda

Antonio Joseph Ocegueda appeals from his conviction on two counts of violating 18 U.S.C. § 922 (a)(6), for falsely stating that he was not an unlawful user of narcotic drugs, and on two counts of violating 18 U.S.C. § 922 (h)(3), for knowingly receiving firearms although he was an unlawful user of narcotic drugs.

On June 24 and July 5, 1976, appellant purchased firearms from licensed gun dealers in Sacramento, California. One gun was purchased on each occasion. In connection with each purchase, appellant was required to complete and sign standard A.T.F. form number 4473 presented to all firearms purchasers. Question 8(d) on the form asks whether the purchaser is “an unlawful user of, or addicted to, marihuana, or a depressant, stimulant, or narcotic drug.” On each occasion, appellant answered in the negative.

Appellant’s heroin use, by injection or inhalation of the substance, dates from 1970. At one time he had a $100 a day habit. Ocegueda pleaded guilty to a California misdemeanor charge for possession of narcotics paraphernalia in 1973, and was committed for heroin addiction to the California Rehabilitation Center. After being paroled, Ocegueda continued to use heroin, and…