Can a defendant be convicted of possession of an assault weapon if they were convicted of the crime even though they did not know that the weapon was converted to an automatic weapon?
MultiRegion, United States of America
The following excerpt is from U.S. v. Herbert, 698 F.2d 981 (9th Cir. 1983):
Appellants argue that this instruction is erroneous, in that a person can be convicted without any knowledge of the true nature of the weapon, i.e., without knowledge that a perfectly legal weapon had been converted to be automatic. We will reverse in this case only if there is error and if there is a reasonable possibility that error materially affected the verdict. United States v. Valle-Valdez, 554 F.2d 911, 916 (9th Cir.1977).
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