United States v. Hector Luis Reyes

Good Law

92 Daily Journal DAR 7647·966 F.2d 508·1992 WL 119911·1992 U.S. App. LEXIS 12606·92 Cal. Daily Op. Serv. 4802

United States Court of Appeals for the Ninth CircuitJune 8, 199291-50301California1,218 words

Opinion

Pregerson, J.

Hector Luis Reyes appeals his conviction and sentence under 26 U.S.C. §§ 5861 (d) and 5872 for possession of an unregistered firearm and forfeiture of a firearm. We have jurisdiction under 28 U.S.C. §1291 . We affirm the conviction and sentence.

BACKGROUND

Two officers of the Los Angeles Police Department approached Reyes and his friend Razo. As the officers approached, they noticed Reyes holding what appeared to be a sawed-off shotgun. Reyes then handed the shotgun to Razo, and Razo hid the gun in a water heater shed. The officers detained Reyes and Razo. Another police officer saw Razo hide the shotgun and directed the arresting officers to the shed.

Reyes and Razo were arrested and charged with violating California Penal Code § 12020 for possession of a sawed-off shotgun. Razo pled guilty to the state charges and was sentenced to 300 days in county jail. The state charges against Reyes were dropped because a federal complaint was filed by the U.S. Attorney. Reyes was indicted under 26 U.S.C. §§ 5861 (d) and 5872 for possession of an unregistered firearm and forfeiture of a firearm. After his jury conviction, Reyes was sentenced to 57 months. This appeal…

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