United States Sixth Circuit

A conviction for illegal possession of the receiver of a machine gun and various other parts -designed and intended for use in converting a weapon into a machinegun- and related counts is affirmed over claims that: 1) the district court erred in failing to dismiss a count prior to trial because it failed to allege that he possessed a trigger mechanism for the machine gun; 2) the evidence at trial was legally insufficient because there was no proof that he possessed a trigger mechanism; 3) the jury instructions regarding the definitions of -trigger- and of -readily restorable- were faulty; and 4) the evidence related to possession of a silencer in two counts was insufficient because there was no evidence that the silencer was operable.

Appellate Information

• Decided 10/17/2006
• Published 10/17/2006

Judges

• Before SILER, DAUGHTREY, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas W. Anderson, Jr., Office of the Federal Public Defender, Dayton, Ohio, for Appellant.  Robert C. Bartlemay Sr., Assistant United States Attorney, Dayton, Ohio, for Appellee.   ON BRIEF:  Thomas W. Anderson, Jr., Office of the Federal Public Defender, Dayton, Ohio, for Appellant.  Robert C. Bartlemay Sr., Assistant United States Attorney, Dayton, Ohio, for Appellee.