United States v. Jack John Milojevich

98 F.3d 1347 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jack John MILOJEVICH, Defendant-Appellant. No. 95-17052. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Oct. 9, 1996. 1 Before: WIGGINS and TROTT, Circuit Judges, and VANCE, District Judge ** . 2 MEMORANDUM *** 3 Appellant Jack John Milojevich was convicted of possession of an unregistered machine gun in violation of the National Firearms Act, 26 U.S.C. § 5861 (d), and appeals a district court's order denying his motion to vacate sentence pursuant to 28 U.S.C. § 2255 . Milojevich challenges his conviction on the grounds that the National Firearms Act has been implicitly repealed or, alternatively, that it is unconstitutional. We reject both arguments. I. 4 Milojevich first contends that his sentence is invalid because the National Firearms Act was implicitly repealed by the passage of the Firearms Owners' Protection Act,…