United States Eighth Circuit

A conviction for possession of a machine gun and possession of an unregistered sawed-off shotgun is affirmed in part and remanded where: 1) the district court's determination that the "Washington County Militia" was not affiliated with the state militia, and therefore not subject to the protections of the Second Amendment under applicable precedent, was well supported by the record; 2) the issue of defendant's eligibility for court appointed counsel required a remand to the district court for further inquiry.

Appellate Information

• Decided 08/13/2008
• Published 08/13/2008

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, BOWMAN, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Quentin M. Rhoades, argued, Missoula, MT, for appellant.


• For Appellees:
  
• Wendy L. Johnson, AUSA, argued, Fort Smith, AR, for appellee.