United States v. John Gilbert Ogles, United States of America v. John Gilbert Ogles

406 F.3d 586, 67 Fed. R. Serv. 112, 2005 U.S. App. LEXIS 7326, 2005 WL 976983
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 28, 2005
Docket03-10439, 04-10069
StatusPublished
Cited by18 cases

This text of 406 F.3d 586 (United States v. John Gilbert Ogles, United States of America v. John Gilbert Ogles) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. John Gilbert Ogles, United States of America v. John Gilbert Ogles, 406 F.3d 586, 67 Fed. R. Serv. 112, 2005 U.S. App. LEXIS 7326, 2005 WL 976983 (9th Cir. 2005).

Opinions

Opinion by Judge BEA; Partial Concurrence and Partial Dissent by Judge RYMER.

BEA, Circuit Judge.

John Gilbert Ogles appeals his conviction for willfully selling and transferring physical possession of a firearm in violation of 18 U.S.C. §§ 922(b)(3) and 924(a)(1)(D) (Count One), on grounds that the district court erred in denying both his motion for a judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29 and his motion for a new trial pursuant to Federal Rule of Criminal Procedure 33. The government appeals the district court’s order granting Ogles’s motion for a judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29 as to the charge of willfully engaging in the business of dealing firearms without a license in [589]*589violation of 18 U.S.C. §§ 922(a)(1)(A) and 924(a)(1)(D) (Count Two). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3731, and affirm Ogles’s conviction under Count One but reverse the district court’s judgment of acquittal as to Count Two and remand for proceedings consistent with this opinion.

I.

At all relevant times, Ogles was a resident of California. He applied for and received a federal firearms license for a place of business in California. Ogles did not apply for nor did he receive a federal license to deal in firearms in Arizona. Nevertheless, on June 1, 2002, Ogles set up a booth at a gun show in Arizona and sold a firearm to Michael Buda, an Arizona resident.

On October 16, 2002, Ogles was indicted on two counts: “willfully ... selling] and delivering] to Michael Buda a firearm ... knowing and having reasonable cause to believe that Michael Buda at the time of the sale and delivery did not reside in the State in which the licensee’s place of business was located” in violation of 18 U.S.C. §§ 922(b)(3) and 924(a)(1)(D) (Count One); and “willfully engaging] in the business of dealing in firearms without a license, that is outside the State in which the licensee’s place of business was located,” in violation of 18 U.S.C. §§' 922(a)(1)(A) and 924(a)(1)(D) (Count Two).

At Ogles’s trial, the government introduced the following evidence regarding Ogles’s actions at the Arizona gun show in question. David Morse and Walter Puc-zkowsky, both licensed by the federal authorities for sales of firearms at places of business in Arizona, testified that on the morning of the gun show they informed Ogles that he could not physically transfer firearms to purchasers at the Arizona gun show. Buda testified that he purchased a firearm from Ogles and that Ogles handed over the gun to Buda after Buda showed Ogles his Arizona driver license. Buda also testified that he did not fill out any paperwork with Ogles after he purchased the firearm. Thomas Braxton testified that at the same Arizona gun show, an African-American man handed Ogles money and then walked away with a firearm he had picked up from one of the tables at Ogles’s booth. Braxton also testified that he saw a man and his son hand Ogles money and then walk away with a firearm. Finally, Arthur Kramer testified that he purchased a firearm from Ogles.

Before trial, Ogles filed a motion in limine to exclude the testimony of Braxton and Kramer pursuant to Federal Rules of Evidence 404(b) and 403; the district court denied the motion. At the close of the government’s case-in-chief, Ogles moved for a judgment of acquittal as to both counts. The district court reserved decision as to Count One but granted the motion as to Count Two. Ultimately, the jury convicted Ogles under Count One, after which the district court denied Ogles’s earlier-filed motion for a judgment of acquittal as to Count One and Ogles’s then-filed motion for a new trial. The district court sentenced Ogles to twenty-' four,months supervised probation, three months home confinement, and a $100 special assessment. Both Ogles and the government filed timely appeals.

II.

Ogles appeals his conviction under Count One on four separate grounds. We address each in turn, and thereafter address the government’s appeal of the district court’s judgment of acquittal as to Count Two.

A.

1.

Ogles first challenges the district court’s denial of his motion for judgment [590]*590of acquittal as to Count One on the grounds that no rational trier of fact could have found that Ogles wilfully violated 18 U.S.C. § 922(b)(3). We review the district court’s denial of Ogles’s motion for a judgment of acquittal de novo and determine if, after viewing the evidence in the light most favorable to the government, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. United States v. Carranza, 289 F.3d 634, 641-42 (9th Cir.2002) (quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)). We affirm the district court’s denial of Ogles’s motion for a judgment of acquittal.

Count One charged Ogles with willful violation of 18 U.S.C. § 922(b)(3), which provides in relevant part:

It shall be unlawful for any ... licensed dealer ... to sell or deliver ... any firearm to any person[other than a licensed importer, licensed manufacturer, licensed dealer or licensed collector] who the licensee knows or has reasonable cause to believe does not reside in ... the State in which the licensee’s place of business is located....

18 U.S.C. § 922(b)(3); see also 18 U.S.C. § 924(a)(1)(D) (providing for a fine or imprisonment in the event of a willful violation of 18 U.S.C. § 922). We have previously interpreted 18 U.S.C. § 922

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Artis
282 F. Supp. 3d 1202 (N.D. California, 2017)
United States v. Lucio Hernandez
859 F.3d 817 (Ninth Circuit, 2017)
United States v. Felix
76 F. Supp. 3d 984 (N.D. California, 2014)
United States v. Troy Urie
379 F. App'x 586 (Ninth Circuit, 2010)
United States v. Blowers
268 F. App'x 504 (Ninth Circuit, 2008)
United States v. Chezem
195 F. App'x 689 (Ninth Circuit, 2006)
United States v. Mateo Estrada
453 F.3d 1208 (Ninth Circuit, 2006)
United States v. Estrada
Ninth Circuit, 2006
United States v. Jernigan
Ninth Circuit, 2006
United States v. Rachel Alaffa Jernigan
451 F.3d 1027 (Ninth Circuit, 2006)
United States v. Brown
185 F. App'x 635 (Ninth Circuit, 2006)
United States v. Ogles
Ninth Circuit, 2006
United States v. Fred Nobriga
408 F.3d 1178 (Ninth Circuit, 2005)
United States v. Nobriga
Ninth Circuit, 2005

Cite This Page — Counsel Stack

Bluebook (online)
406 F.3d 586, 67 Fed. R. Serv. 112, 2005 U.S. App. LEXIS 7326, 2005 WL 976983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-john-gilbert-ogles-united-states-of-america-v-john-ca9-2005.