United States of America, Plaintiff-appellee, v. Robert Graff, Defendant-appellant, 451 F.2d 1389 (9th Cir. 1972)

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US Court of Appeals for the Ninth Circuit - 451 F.2d 1389 (9th Cir. 1972)

Jan. 7, 1972

Robert H. Stevenson (argued), Seattle, Wash., for defendant-appellant.

Thomas B. Russell, Asst. U. S. Atty. (argued), Ernest Scott, Jr., Asst. U. S. Atty., Stan Pitkin, U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before CHAMBERS, HAMLEY and GOODWIN, Circuit Judges.


The judgment of conviction for possession of and for transferring an automatic rifle is affirmed.

In our view, the implications of United States v. Freed, 401 U.S. 601, 91 S. Ct. 1112, 28 L. Ed. 2d 356 (1971) require affirmance.

While the record would seem to indicate that Graff is not vicious but a bumbler, our view is that the jury's verdict was permissible.

True, it is a felony conviction, but it is apparent that if defendant is a good probationer, because of his youth, his conviction will disappear from the record under applicable law.