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United States v. Moore

109 F.3d 1456 (1997)

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United States v. Moore

United States Court of Appeals for the Ninth Circuit

109 F.3d 1456 (1997)

Facts

Bobby Moore, a 14-year-old, wanted to buy a handgun that he saw in a pawnshop. His mother, Mary Peggy Moore (defendant) refused to buy it for him but suggested that he find another adult willing to make the purchase. Mary pawned Bobby’s CD player and gave him the money with the gun purchase in mind. Bobby convinced an old man in his neighborhood, Lee Roy Wiley (defendant) to buy the handgun. Bobby, Mary, and Wiley went to the pawnshop. Wiley falsely told the clerk that he was Bobby’s grandfather and that he would hold the gun for Bobby until Bobby reached the age of 21. Mary also told the clerk that Wiley was Bobby’s grandfather and that Wiley would be keeping the gun until Bobby turned 21. This satisfied the clerk, who sold the gun to Wiley. A few months later, Bobby used the gun to shoot and kill a police officer. Wiley and Mary were convicted in federal district court of conspiracy and making material false statements in connection with the purchase of a firearm. Mary and Wiley appealed to the United States Court of Appeals for the Ninth Circuit.

Rule of Law

Issue

Holding and Reasoning (Trott, J.)

Dissent (Tashima, J.)

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