United States v. Michael Byron Welch

Appellant Michael Byron Welch appeals from a conviction for unlawfully transporting a firearm in interstate commerce and possession of a sawed-off shotgun in violation of 26 U.S.C. §§ 5861 (j) and 5861(b). We affirm.

Appellant was stopped by a California Highway Patrol Officer in San Diego County, California because the vehicle he was driving did not have a front license plate. Appellant and another passenger were arrested with probable cause for auto theft, and the vehicle was towed to California Highway Patrol Zone Headquarters where a search was conducted in which a sawed-off shotgun and three saps or blackjacks were found in the trunk.

Appellant later admitted stealing the car in California and driving to Phoenix, Arizona where he obtained the shotgun and the blackjacks and then returned to California.

On January 25, 1977, a four-count complaint was filed against appellant and his codefendant by the State of California. The charges included possession of a concealed weapon (Cal.Penal Code § 12020), grand theft auto (Cal.Penal Code § 487.3), and two counts of petty theft (Cal.Penal Code § 488). On February 8, 1977, appellant was allowed to enter a misdemeanor plea to the…