United States Second Circuit

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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

Counsel