United States v. Walter Wando Cha

Good Law
837 F.2d 392·1988 WL 1965·1988 U.S. App. LEXIS 457
United States Court of Appeals for the Ninth CircuitJanuary 19, 198887-5178California1,288 words

Opinion

Opinion

Pregerson, J.

Appellant pled guilty to two counts of violating 18 U.S.C. § 922 (m) (1982), causing false entries in firearms records. As part of the sentence, the court imposed a fine of $15,000 for each count. Appellant contends that the $30,000 in fines imposed by the district court constituted an illegal sentence because the Firearms Owners’ Protection Act provides for a maximum fine of $1,000 per count. We affirm.

BACKGROUND

Appellant was indicted on August 12, 1986 for participating in “straw purchaser” sales of firearms to persons who were not properly identified as the transferees on federal firearms records, in violation of 18 U.S.C. § 922 (m). Contrary to law, Cha sold firearms to an undercover agent who was posing as an illegal alien. The agent represented to Cha that he was a killer for hire who wanted to smuggle firearms to Mexico.

On December 5, 1986, appellant pled guilty to two counts of violating section 922(m). Prior to the time appellant entered his guilty pleas, the court ruled that the alleged violations of this section would be treated as misdemeanors, pursuant to the Firearms Owners’ Protection Act of 1986, 18 U.S.C. §§ 921 , 922-926, 929 (Supp. IV 1986), which became…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.