United States v. Bernardo, No. 11-15724 (11th Cir. 2013)Annotate this Case
Defendant appealed his conviction for transferring a firearm to an out-of-state resident when neither he nor the buyer was a licensed firearms dealer. The court concluded that the record was completely bereft of any evidence that the buyer was, as a matter of objective fact, unlicensed at the time of the sale. The government's error in not submitting evidence of the buyer's licensure status was not harmless, and therefore, the court reversed and remanded with instructions to the district court to enter a judgment of acquittal on defendant's behalf as to Count II of the indictment.