Monday, January 12, 2015

US v. Rodman, No. 13-10337 (M. Smith with Wallace and Silverman).
The 9th affirms convictions in a conspiracy involving illegal transfers of machine guns by making false entries on forms submitted to the ATF. The 9th finds that sufficient evidence was presented to support convictions. The 9th rejected a challenge to the use of forms and whether such regulation was a governmental function: it is. An instruction was not required as to governmental entrapment by estoppel. The federal firearm licensee, Greg Clark, allegedly told the defendants that it was legal to take pre-ban machine gun registrations and put them on new machine post-ban machine guns. The dealer was not a government agent. The 9th also found that an instruction for the affirmative defense of a buyer seller was not required.

The decision is here:


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