United States v. Terrence Henry Hale

69 F.3d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Terrence Henry HALE, Defendant-Appellant. No. 94-10471. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 14, 1995. Decided Oct. 30, 1995. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Defendant Terrence Henry Hale appeals from his jury trial convictions on federal firearms charges. At issue on appeal is whether the district court erred by instructing the jury as a matter of law that violation of California Health and Safety Code Sec. 11378.5 is a felony. We affirm. I. FACTS AND PRIOR PROCEEDINGS 3 On five occasions, Hale bought guns from a federally licensed firearms dealer in Tucson, Arizona. On each occasion, Hale completed a federally-required form which asks prospective purchasers whether they have ever been convicted of a felony. If he had answered "yes," he would not have been allowed to purchase the guns.…