United States v. Bacon, No. 17-1166 (6th Cir. 2018)
Annotate this CaseCounts 1-4 and 6 alleged Bacon sold firearms to prohibited persons, 18 U.S.C. 922(d)(1). Counts 5 and 7 charged Bacon with possession of a firearm with an obliterated serial number, 18 U.S.C. 922(k). Bacon entered guilty pleas to Counts 1 and 5. The prosecution agreed to dismiss the remaining charges. Bacon testified that he purchased the Count 1 firearm and sold it from his Grand Rapids home "with reasonable cause to know that [the purchaser was] a felon.” The government proffered that the Count 1 purchaser had been convicted of a felony and that the firearm had traveled in interstate commerce. Bacon confirmed that he sold the Count 5 firearm, a semiautomatic pistol with an obliterated serial number, to a prohibited person at the same house, and had removed the serial number. The government proffered that the Count 5 firearm was manufactured in Ohio. Defense counsel stipulated to all facts proffered by the government and confirmed that Bacon was “satisfied” with the record. The court sentenced Bacon to 60 months. The Sixth Circuit affirmed, rejecting Bacon’s arguments that the sections under which he was convicted exceeded Congressional authority under the Commerce Clause. The interstate commerce element, which Bacon admitted when entering his plea, ensures that the firearms affected interstate commerce and saves the statute from any jurisdictional defects.
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