United States Second Circuit
US v. Gravel, 10-1405
Sentencing of defendant to a prison term of 45 months pursuant to 18 U.S.C. section 922(j) and following the imposition of a six-level enhancement on the ground that the stolen weapon defendant possessed was a machine gun within the meaning of 26 U.S.C. section 5845(b) is affirmed where, despite the weapon's disabled automatic feature, the weapon was a machine gun within the meaning of 26 U.S.C. section 5845(b) because it originally was designed to fire automatically.
Appellate Information
- Decided 06/20/2011
- Published 06/20/2011
Judges
Court
- United States Second Circuit