United States Second Circuit

Defendant's appeal contending district court did not accurately instruct the jury as to the mens rea required to convict and that there was insufficient evidence of his mens rea to support the conviction is affirmed as a defendant can be convicted of making or possessing a firearm silencer without proof that he knew from experience that the silencer functions.

Appellate Information

• Decided 12/03/2003
• Published 12/03/2003

Judges

• PER CURIAM:, Before:  McLAUGHLIN, KATZMANN, Circuit Judges, and SCHEINDLIN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Barbara D. Cottrell, Asst. Litigation Counsel, for Glenn T. Suddaby, U.S. Attorney for the Northern District of New York (Paul D. Silver, of counsel), for Appellee., Paul Evangelista, Assistant Federal Public Defender (Molly Corbett, of counsel), for Defendant-Appellant.