United States v. Zbigniew Piorecki

993 F.2d 886 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Zbigniew PIORECKI, Defendant-Appellant. No. 92-50323. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 13, 1993. Before: BROWNING, KOZINSKI, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Zbigniew Piorecki appeals from his conviction, following a jury trial, for possession of an unregistered firearm and possession of a firearm not identified by a serial number in violation of 26 U.S.C. §§ 5861 (d), (i). Piorecki contends that the district court plainly erred by (1) improperly instructing the jury on the elements of constructive and joint possession, and (2) failing to instruct the jury that the government must prove the defendant knew the item he possessed was a silencer. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 Because Piorecki failed to object below to the jury instructions, we will reverse only…