United States v. Thomas Edwin Williams

Good Law
685 F.2d 319·1982 U.S. App. LEXIS 16384
United States Court of Appeals for the Ninth CircuitAugust 24, 198282-1078California782 words

Opinion

Opinion

Pregerson, J.

Williams appeals his conviction on seven counts of making false statements in the acquisition of firearms in violation of 18 U.S.C. § 922 (a)(6). He argues that certain of the seven counts should be dismissed because there were less than seven offenses. Williams also argues that the district court erred in not instructing the jury that it must find that he knowingly violated the law before it could convict and in instructing the jury that reckless conduct may constitute knowing conduct. He challenges several evidentiary rulings and the denial of his motions for acquittal and a new trial.

Williams bought seven guns on five separate occasions. He filled out an ATF Form 4473 for each ‘gun. In Section 8(b) of this form, Williams answered “no” to the ques tion: “[H]ave you been convicted in any court of a crime punishable by imprisonment for a term exceeding one year?” Williams had been convicted and sentenced to a term exceeding one year.

Williams testified that he did not read the form. He stated that his parole officer had told him that in five years he could own a gun and that to acquire a gun he would have to answer “no” to all the questions on the form. He claims that because…

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