Court of Appeals for the Second Circuit September 11, 1998, Dockets 97-1392, 97-1427 (United States v. Robert Franklyn, Also Known as Robert Franklin, and Ralph Gonzalez, Also Known as Raphael Quinones)

JACOBS, Circuit Judge.

Defendant-appellant Robert Franklyn, having been convicted by a jury of

(inter

alia) unlawfully possessing a machine gun in violation of 18 U.S.C. § 922(o)(l) and 18 U.S.C. § 2, challenges the judgment of conviction entered by the United States District Court for the Southern District of New York (Cote,

J.)

on the grounds (i) that the enactment of 18 U.S.C.