United States Fourth Circuit

By its plain language, 26 U.S.C.A. section 5845(b) provides three separate and individually sufficient categories of machinegun. Since one of these categories is "a frame or receiver," the gun that defendant possessed and transferred was properly classified as a machinegun.

Appellate Information

• Decided 04/15/2004
• Published 04/15/2004

Judges

• Before WILLIAMS, TRAXLER, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Jeanette Doran Brooks, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant.  Christine Witcover Dean, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.   ON BRIEF:Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant.   Frank D. Whitney, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.