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

97 F.3d 1461 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Norman BASCUE, Defendant-Appellant. No. 95-30320, 95-30321. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 18, 1996. Decided Sept. 26, 1996. Before: ALDISERT, * PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 After a joint jury trial, Defendants-Appellants Ronald Norman Bascue and his son Robbie Len Bascue were convicted of transferring and possessing machine guns in violation of 18 U.S.C. § 922 (o). On appeal, the Bascues claim that: (1) their convictions were improper because 18 U.S.C. § 922 (o) exceeds the constitutional authority of Congress to legislate under the Commerce Clause and violates the Tenth Amendment; (2) the district court erred in denying their motion for judgment of acquittal and requested jury…