United States v. Garcia, No. 10-2115 (10th Cir. 2011)
Annotate this CaseGarcia was convicted of making false statements to a federally-licensed firearms dealer and acting as a "straw buyer" in violation of 18 U.S.C. Sec. 924(a)(1)(A). The Tenth Circuit affirmed. Testimony about the types of weapons purchased by Garcia and later recovered in Mexico, how those weapons are regulated in Mexico, and demand for those weapons in Mexico, assisted the jury in assessing Garcia's state of mind and whether she "knowingly" made false statements. The testimony was not unfairly prejudicial; trial testimony did not include reference to drug cartels, but was limited to the facts. The evidence supported the trial court's sentencing assessment that Garcia knew, or had reason to believe, that her purchases would result in illegal transfers.
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