United States v. William A. Harvey

972 F.2d 1345 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. William A. HARVEY, Defendant-Appellant. No. 91-30320. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 6, 1992. Decided Aug. 7, 1992. Before ALARCON, RYMER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 William Harvey ("Harvey") appeals from his conviction and sentence following a jury trial for possession of an unregistered machine gun in violation of 26 U.S.C. § 5861 (d). Harvey seeks reversal on six grounds: 3 One. The district court failed to instruct the jury that knowledge of the weapon's automatic firing capability was a necessary element of a violation of 26 U.S.C. § 5861 (d). 4 Two. The district court failed to instruct the jury that the effective date of 18 U.S.C. § 922 (o) was May 19, 1986, and that all of the parts of the machine gun must have been transferred to Harvey after that date. 5 Three. The Government…