United States v. Benjamin C. Smith

50 F.3d 18 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Benjamin C. SMITH, Defendant-Appellant. No. 94-35278. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1995. * Decided March 13, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Benjamin C. Smith appeals the district court's denial of his 28 U.S.C. Sec. 2255 petition. Smith was convicted of possession of an unregistered firearm and other crimes. Smith contends that his conviction of possession of an unregistered firearm was unconstitutional because it was legally impossible for him to register the firearm. We have jurisdiction under 28 U.S.C. Sec. 2255 and review de novo a district court's denial of a 28 U.S.C. Sec. 2255 petition. Gonzales v. United States, 33 F.3d 1047, 1048 (9th Cir.1994). We affirm. 3 On November 17, 1987, Smith was indicted, inter alia, for possession of an unregistered sawed-off rifle in violation of…