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U.S. v. RUIZ

No. 94-10436.

73 F.3d 949 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. David Robert RUIZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 11, 1996.

Attorney(s) appearing for the Case

Olin R. Hale, Phoenix, Arizona, for defendant-appellant.

Darcy A. Cerow, Assistant United States Attorney, Phoenix, Arizona, for plaintiff-appellee.

Before SCHROEDER, FLETCHER, and RYMER, Circuit Judges.

OPINION

RYMER, Circuit Judge:

This appeal requires us to decide whether stun grenades are a "destructive device" and thus a "firearm" under 26 U.S.C. § 5861(e).

David R. Ruiz appeals his conviction, and denial of pre- and post-trial motions, arising from the sale of stun grenades in violation of § 5861(e), which prohibits the unlawful transfer of firearms. For purposes of § 5861(e), a "firearm" is a "destructive device." 26 U.S.C....

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