USA v. Tucker, No. 21-30194 (5th Cir. 2022)Annotate this Case
Defendant was found guilty of three counts of making false statements to a federally licensed firearms dealer in violation of 18 U.S.C. Section 922(a)(6) and two counts of possession in violation of 18 U.S.C. Section 922(g)(4). Relevant on appeal is whether his convictions were supported by sufficient evidence.
The Fifth Circuit held they were not and reversed Defendant’s convictions and vacated his sentence. The court held that the district court reversibly erred because no rational trier of fact could have found the essential elements beyond a reasonable doubt. The court explained that no reasonable degree of deference could overcome the fact that Defendant never underwent an “adjudication” in the sense contemplated by Section 922(g)(4), and the record lacks anything that resembles judicial process.
This opinion or order relates to an opinion or order originally issued on May 9, 2022.