United States v. Garnett, No. 08-1452 (6th Cir. 2011)
Annotate this CaseThree defendants, two prosecutors and the police chief, were convicted of possessing automatic weapons and making false entries on weapons application and transfer forms in violation of 28 U.S.C. 5861(d), 5861(l), and 7206(2). They made multiple false representations that the weapons were being purchased for law enforcement and were tax-exempt. The Sixth Circuit affirmed. The court rejected a claim that the statutes clearly permit some governmental employees to possess and transfer automatic weapons, but are silent as to under whose authority that possession is allowed and were therefore, unconstitutionally vague. The court also rejected a claim of double jeopardy, alleging that the sections criminalize the same conduct. The court properly quashed certain subpoenas, refused to give a proposed public authority/ entrapment by estoppel defense instruction, and enhanced sentences based on the abuse of public trust.
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