United States v. Pina-Nieves, No. 22-1421 (1st Cir. 2023)
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The First Circuit affirmed Defendant's conviction for possessing firearms and ammunition as a felon, in violation of 18 U.S.C. 922(g)(1), but reversed his conviction for possessing a machine-gun, in violation of 18 U.S.C. 922(o), holding that Defendant's section 922(o) conviction was not supported by substantial evidence.
After a trial, Defendant was convicted of both counts on which he was indicted and sentenced to forty-one months in prison. Defendant appealed, arguing that his section 922(o) conviction was not supported by sufficient evidence. The First Circuit agreed and reversed that conviction, holding (1) the government failed to meet its burden to show that Defendant knew at the relevant time that a modified Glock pistol had been transformed into a machine-gun; and (2) Defendant was not entitled to relief on his remaining claims of error.
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