Fix

United States v. Fix

Good Law
4 F. App'x 324
United States Court of Appeals for the Ninth CircuitFebruary 2, 200199-30235California1,828 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Ted Parker Fix (“Fix”) appeals his convictions on three counts under 18 U.S.C. § 922 (v) and one count under 26 U.S.C. § 5861 . On appeal, Fix raises seven issues: (1) whether the government proved that the Norinco weapons which were the bases of the convictions in Counts I, III, and IV were prohibited weapons; (2) whether the government proved that the weapon described as a Calico Liberty III in Count V was a firearm rather than a pistol; (3) whether the government proved the required mens rea for a conviction on all counts; (4) whether the performance of Fix’s trial counsel amounted to ineffective assistance of counsel; (5) whether the district court erred in not instructing the jury as to the grandfather clause, the definition of “rifle,” and the definition of “any other weapon”; (6) whether the sentencing court erred in increasing Fix’s offense level by applying U.S.S.G. §§ 2K2.1(b)(l)(C), 3B1.1, and 3B1.3; and (7) whether the district court erred in denying Fix’s motion to dismiss on the ground that 18 U. S.C. § 922(v)(l) is unconstitutionally vague. We affirm the convictions on Counts I, III, and IV, deny relief as to issues 3 through 7, but reverse…

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