United States v. William J. Calise

Good Law
93 Daily Journal DAR 8115·996 F.2d 1019·1993 WL 221218·1993 U.S. App. LEXIS 15269·93 Cal. Daily Op. Serv. 4773
United States Court of Appeals for the Ninth CircuitJune 25, 199392-10547California1,629 words

Opinion

Opinion

Noonan, J.

William J. Calise was convicted of the knowing possession of an unregistered shotgun with a barrel less than 18 inches in length in violation of 26 U.S.C. § 5861 (d); with the knowing transportation and delivery in interstate commerce of an unregistered shotgun with a barrel less than 18 inches in length in violation of 26 U.S.C. § 5861 (j); and knowingly making a shotgun with a barrel less than 18 inches in length in violation of 26 U.S.C. § 5861 (f). The district court sentenced Calise to three years of imprisonment. Challenging the sufficiency of the evidence against him and various rulings of the trial court, notably on his Henthom rights, his right to silence, and the measurement of the gun, Calise appeals. We affirm his conviction and sentence.

FACTS

Viewed from the perspective most favorable to the government, the following facts were established:

On December 21, 1990 Calise, a federally registered arms dealer, shipped personal property, including four firearms and a hacksaw, from Honolulu to Las Vegas via United Air Lines. Calise put the property in a cargo container and personally sealed the container. United flew the container to Los Angeles, from where it was trucked…

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