Cucchiara v. Secretary of Treasury

652 F.2d 28 Antonio CUCCHIARA, doing business as The Traders, Plaintiff-Appellant, v. SECRETARY OF the TREASURY, Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury, Defendants-Appellees. No. 79-4786. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 10, 1981. Decided July 30, 1981. Philip Cohen, Camarillo, Cal., for plaintiff-appellant. John M. Kern, Asst. U. S. Atty., San Francisco, Cal., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before MERRILL, HUG and SKOPIL, Circuit Judges. HUG, Circuit Judge: 1 The district court, pursuant to 18 U.S.C. § 923 (f)(3), granted the Bureau of Alcohol, Tobacco and Firearms's motion for summary judgment, affirming the Bureau's refusal to renew Cucchiara's license to sell firearms, under 18 U.S.C. § 923 (d)(1)(C), for willful failure to comply with Bureau regulations. Because there exist no unresolved issues of material fact, we affirm. 2 The facts, as synthesized by the district court from the administrative record, are as follows: 3 The record shows that plaintiff received "irregularities statements" in…