(Download) "Schwander V. United States" by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Schwander V. United States
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 27, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This is an appeal, in forma pauperis, from a denial of appellant's § 2255 motion after a hearing by the United States District Court for the Eastern District of Louisiana. Appellant was represented by counsel at every stage of the proceedings below. He was convicted by a jury on three counts which charged him and a co-defendant with possession of a sawed-off shotgun*fn1 in violation of the National Firearms Act, 26 U.S.C. § 5851.*fn2 Count one charged illegal possession of a firearm under § 5851 which had been transferred without payment of a transfer tax by either defendant as required by 26 U.S.C. § 5811. Count two charged illegal possession under § 5851 of a firearm not transferred in pursuance of a written order from either defendant as required by 26 U.S.C. § 5814. Count three charged illegal possession under § 5851 of a firearm not registered with the Secretary of the Treasury as required by 26 U.S.C. § 5841. The sentence was (1) five years on count one, (2) one year on count two, to run consecutively to the sentence imposed on count one, and (3) one year on count three, to run concurrently to the sentence imposed in count one. No direct appeal was taken. In the circumstances of this case we have concluded that appellant did not receive the assistance to which he was entitled in seeking to appeal and that the record reveals that the treatment he received does not comport with the standard of fair procedure required by the decision in Anders v. State of California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Accordingly, we reverse.