United States v. Robbie Len Bascue, United States of America v. Ronald Bascue

35 F.3d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robbie Len BASCUE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Ronald BASCUE, Defendant-Appellant. Nos. 93-30462, 93-30463. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 30, 1994. Before: WALLACE, Chief Judge, RYMER and HUG, Circuit Judges. 1 MEMORANDUM ** 2 In these consolidated appeals, Robbie Len Bascue and Ronald Bascue (the Bascues) appeal the district court's denial of their motion to dismiss a second superceding indictment charging them with unlawful transfer of a machinegun in violation of 18 U.S.C. Sec. 922 (o). The Bascues contend the district court erred by denying their motion to dismiss the indictment on double jeopardy grounds based upon the court's dismissal of a prior defective indictment charging them with unlawfully making and transferring a firearm in violation of 26 U.S.C. Sec.…