United States v. King, No. 12-30235 (11-15-13)(Nguyen with Thomas and Dearie, Sr. D.J. NYE).
The 9th affirms convictions of a defendant for dealing in firearms. The problem, for the defendant, was that he was not a federal licensed firearms dealer. He worked with a friend who was, but he went rogue and dealt on his own. The 9th held that the defendant does not get a jury instruction requiring the gov't to prove beyond a reasonable doubt that he was not an authorized agent of the federal firearms licensee. The facts didn't support it and the shifting to the gov't was not warranted. The 9th under plain error held there was sufficient evidence that the defendant did deal with firearms.