United States v. Garcia-Hernandez, No. 15-1480 (8th Cir. 2015)
Annotate this CaseDuring a search, Garcia-Hernandez told the agents they would find five firearms at his apartment—a .38, .45, .22, and two rifles. Searching his one-bedroom apartment, the agents found two firearms—a .38 and a .22 rifle—and ammunition. The .22 was in the bedroom closet with his clothes, shoes, and other personal belongings. The .22’s serial number was visibly scratched out and unreadable. Several rounds of .22 ammunition were in a dresser beside the bed. Also in the closet were other ammunition of various types and calibers. In the dining area was a backpack with three more firearms. Garcia-Hernandez stipulated to a previous felony conviction that prohibited him from possessing a firearm or ammunition. The jury convicted under of 18 U.S.C. 922(g)(1), 924(a)(2), 924(e) and sections 922(k), 924(a)(1)(B). The Eighth Circuit affirmed, rejecting arguments that the jury should have been instructed to find he knew the firearm and ammunition were in or affecting interstate commerce and that that the government failed to present sufficient evidence he knew the serial number on the .22 rifle had been obliterated..
Court Description: Benton, Author, with Riley, Chief Judge, and Shepherd, Circuit Judge] Criminal case - Criminal law. In this case, the government need only prove that defendant's firearm or ammunition had been in or affecting interstate commerce and not that he knew it had been in or affecting interstate commerce, as the mens rea requirement in 18 U.S.C. Sec. 924(a)(2) does not apply to the interstate-commerce element of 18 U.S.C. Sec. 922(g)(1); as a result, the instruction given the jury were not erroneous; evidence was sufficient to show defendant knew the serial number on a rifle had been obliterated as it was visibly scratched out and he admitted ownership of the firearm.
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