FINNEGAN, LINDLEY and SCHNACKENBERG, Circuit Judges.
Defendant, Hardgrave, was indicted in September, 1951 for violating provisions of the National Firearms Act.*fn1 A six count indictment*fn2 was returned against him, grounded on certain requirements of that Act and charging him with various violations of it, as follows:
U. S. Code Requirement Violation of
Count Title Section Section Disposition
I. 26 § 2720(a) § 2726(a)Found Guilty
II. 26 § 2725 § 2726(b)Dismissed by Government
III. 26 § 3261(b) § 2726(a)Found Guilty
IV. 26 § 2723 § 2726(a)Found Guilty
V. 15 § 902(f)Found Not Guilty
VI. 15 § 902(i)Found Not Guilty
After the trial jury returned its verdict, hereinabove tabulated, Hardgrave was sentenced to five years imprisonment on counts I, III and IV, respectively; each such sentence to run consecutively.
Denial, below, of defendant's petition filed under 28 U.S.C. § 2255; 28 U.S.C.A. § 2255 for correction of his sentence, precipitated this appeal. Since the reasons and grounds underlying the relief, thus sought, are embedded in several provisions of the National Firearms Act, supra, its provisions constitute the backdrop against which Hardgrave's contentions must be examined.
At the time when this defendant allegedly engaged in the proscribed course of conduct, for which he was indicted and tried, the pertinent subdivisions of § 2726,*fn3 Subchapter B - Machine Guns and ...