United States Fifth Circuit

18 USC 922(a)(6), prohibiting false statements while acquiring a gun, is not an "attempt" crime, requiring the government to prove that the defendant intended to buy a gun and then took a "substantial step," beyond mere preparation, toward buying it.

Appellate Information

• Decided 11/22/2000
• Published 11/27/2000

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, BENAVIDES and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• James L. Powers,James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee., Roland E. Dahlin, II, Fed. Pub. Def., Brent Evan Newton, Renata Ann Gowie, Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.