United States v. Harvey, No. 09-4261 (6th Cir. 2011)
Annotate this CaseDefendant purchased firearms for others, stating that he was the actual purchaser, and was convicted of making a false statement during the purchase of firearms 18 U.S.C. 922(a)(6). The district court applied a four-level sentencing enhancement for transferring a firearm with reason to believe that it would be used in connection with another felony, U.S.S.G. 2K2.1(b)(6) and imposed a sentence of 32 months. The Sixth Circuit affirmed, finding the conviction supported by sufficient evidence. The court acted within its discretion in first excluding a secretly-recorded interview with defendant that was laced with inadmissible evidence, but, consistent with its pretrial order, admitting the entire recording after the defense introduced statements on the tape to impeach a witness. Jury instructions on motive and the amount of evidence required of the government and the court's response to the jury's fact-specific questions, by reading portions of the record, were proper.
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