United States v. Focia, No. 15-15643 (11th Cir. 2017)
Annotate this CaseThe Eleventh Circuit affirmed defendant's conviction and sentence for dealing in firearms without a federal firearms license, in violation of 18 U.S.C. 922(a)(1)(A), and selling firearms to unlicensed residents of states other than his own without having a license to do so, in violation of 18 U.S.C. 922(a)(5). The court held that the evidence was sufficient to convict defendant; the district court did not abuse its discretion in failing to include defendant's proposed language in the jury instructions regarding Count 1; defendant's Second Amendment challenge to section 922(a)(1)(A) failed, and the district court did not err in denying his motion to dismiss Count 1 on this basis; the district court did not err in denying defendant's motion to dismiss Counts 2 and 3; and the court rejected defendant's challenges to the application of three sentencing enhancements for possession of various firearms, the international transfer of firearms, and obstructing justice, because a 51 month sentence was reasonable after considering the 18 U.S.C. 3553(a) factors.
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