United States Seventh Circuit

In a criminal case involving the possession of an unregistered machine gun, motion to dismiss is affirmed where: 1) the state search warrant was supported by probable cause; 2) the district court did not err in denying the motion for a Franks hearing as the existence of an intentional or reckless omission from the accompanying affidavit and statement was not shown; and 3) 18 U.S.C. section 922(o) is reconcilable with 26 U.S.C. section 5861(d).

Appellate Information

• Decided 11/24/2008
• Published 11/24/2008

Judges

• MANION, Circuit Judge., Before MANION, WOOD, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Laura A. Przybylinski (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee., T. Christopher Kelly (argued), Kelly & Habermehl, Madison, WI, for Defendant-Appellant.