United States v. Richard John Schmidt, Jr.

91 F.3d 157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard John SCHMIDT, Jr., Defendant-Appellant. No. 95-10327. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 15, 1996. Decided July 2, 1996. 1 Before: T.G. NELSON and TASHIMA, Circuit Judges, and BURNS, * District Judge. 2 MEMORANDUM ** 3 Appellant Richard John Schmidt, Jr. ("Schmidt"), appeals from his conviction for manufacturing machine guns in violation of 26 U.S.C. §§ 5861 (a) and 5871, and 18 U.S.C. § 2 . We have jurisdiction under 28 U.S.C. § 1291 over this timely appeal and we affirm. BACKGROUND 4 After a two-month investigation involving the Bureau of Alcohol, Tobacco and Firearms ("ATF"), local law enforcement agencies and a confidential informant, a federal search warrant, based on the affidavit of ATF Special Agent Robert S. Christopherson, was issued by a magistrate. The warrant was executed at Schmidt's…