United States v. Raymond Edward Schuhmann

963 F.2d 381 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Raymond Edward SCHUHMANN, Defendant-Appellant. No. 90-50587. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 2, 1991. Decided May 12, 1992. 1 Before SCHROEDER and KOZINSKI, Circuit Judges, and HOGAN, * District Judge. 2 MEMORANDUM ** 3 Raymond Schuhmann appeals his conviction in the district court for possession of an unregistered firearm, an Uzi rifle with a ten-inch barrel, in violation of 26 U.S.C. § 5861 (d). Schuhmann argues that 26 U.S.C. § 5845 (c) (defining rifle) is void for vagueness as applied to him because the special nature of the Uzi is such that it does not clearly fall within the scope of the definition. 4 Schuhmann misreads the relevant law. Section 5845(c), in part, defines a rifle to be any device designed and intended "to be fired from the shoulder." It does not require that the device be designed to fire…