United States v. Rudolph George Stanko

491 F.3d 408, 2007 U.S. App. LEXIS 14461, 2007 WL 1757723
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 20, 2007
Docket06-3157
StatusPublished
Cited by62 cases

This text of 491 F.3d 408 (United States v. Rudolph George Stanko) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Rudolph George Stanko, 491 F.3d 408, 2007 U.S. App. LEXIS 14461, 2007 WL 1757723 (8th Cir. 2007).

Opinions

GRUENDER, Circuit Judge.

Rudolph Stanko appeals his convictions for two counts of possessing firearms and ammunition by a prohibited person, in violation of 18 U.S.C. § 922(g)(1). On appeal, Stanko’s primary argument is that the district court1 erred in concluding that Stan-ko qualifies as a prohibited person under § 922(g)(1) because his 1984 conviction for violating the Federal Meat Inspection Act (FMIA) does not fall within the “business practices” exclusion of 18 U.S.C. § 921(a)(20)(A). We disagree and affirm the convictions.

I. BACKGROUND

In 1984, Cattle King Packing Co., Inc. and Stanko, an officer and shareholder of the corporation, were convicted after a jury trial of multiple counts of violating the FMIA, 21 U.S.C. § 601 et seq., and of conspiracy to violate the FMIA, 18 U.S.C. § 371. United States v. Cattle King Packing Co., 793 F.2d 232 (10th Cir.1986). In its opinion affirming the conviction, the Tenth Circuit Court of Appeals described the substantive counts against the defendants as: “(1) the fraudulent distribution of adulterated meat products; (2) the intentional circumvention of federal law requiring an inspection by a federal meat inspector of all shipments returned to Cattle King by dissatisfied purchasers; and (3) the fraudulent misbranding of meat shipments by stamping on the shipment a false production date.” Id. at 235.

Ten years later, Stanko sought a declaratory judgment that he was not prohibited from possessing firearms under § 922(g)(1) because his conviction fell within the § 921(a)(20)(A) exclusion. After the United States District Court for the District of Montana denied relief on the merits, the Ninth Circuit Court of Appeals reversed with instructions to dismiss the case for lack of standing. Stanko v. United States, No. 95-35289, 1995 WL 499524, *1-2 (9th Cir. August 22, 1995) (unpublished table decision).

In 2005, a federal grand jury for the District of Nebraska returned an indictment charging Stanko with one count of possession of firearms by a prohibited person and one count of possession of ammunition by a prohibited person, both in [411]*411violation of 18 U.S.C. § 922(g)(1), which provides:

It shall be unlawful for any person- — who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year ... to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition....

18 U.S.C. § 922(g)(1). Both counts cited Stanko’s FMIA convictions to establish his prohibited person status.

After a pretrial hearing on Stanko’s motion to dismiss the indictment, the district court concluded that Stanko’s FMIA conviction did not fall within the § 921(a)(20)(A) exclusion, which states in relevant part:

The term “crime punishable by imprisonment for a term exceeding one year” does not include — (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices.

18 U.S.C. § 921(a)(20)(A). The district court reasoned that: (1) the exclusion was “directed towards illegal restraints of trade, monopolies, and anti-competitive forces in the marketplace,” not towards fraud-related convictions such as Stanko’s; (2) for the “similar offenses” language to apply, the offense must be similar in nature to antitrust, restraint of trade, or unfair trade practices, and must also relate to regulation of business practices; and (3) the FMIA conviction did not depend on its effect on consumers or on competition. The district court summarized by saying, “Although in some respect the allegations ... could be considered unfair trade practices, the gravamen of these charges are issues of food and drug safety and fraud, not unfair trade practices.” At trial and over Stanko’s objections, the district court declined Stanko’s request to instruct the jury on the exclusion and denied his motion for judgment of acquittal. The jury found Stanko guilty on both counts, and the district court sentenced him to 72 months in prison.

In addition to his substantive § 921(a)(20)(A) argument, Stanko contends on appeal that the indictment was fatally defective because it did not include the § 921(a)(20)(A) exclusion as an element of the charged offense and because the district court erred in treating his § 921(a)(20)(A) argument as a question of law for the court rather than one of fact for the jury.2

II. DISCUSSION

Stanko raised his challenges to the indictment and to the district court’s refusal to submit the § 921(a)(20)(A) exclusion issue to the jury in his motions to dismiss the indictment and for judgment of acquittal. We review de novo the district court’s denial of a motion to dismiss the indictment, United States v. Postley, 449 F.3d 831, 832 (8th Cir.2006), and we also apply de novo review to the denial of a motion for judgment of acquittal, United States v. Cannon, 475 F.3d 1013, 1020 (8th Cir.2007).

An indictment “is legally sufficient on its face if it contains all of the elements of the offense charged, fairly in-[412]*412forms the defendant of the charges against which he must defend, and alleges sufficient information to allow a defendant to plead a conviction or acquittal as a bar to a subsequent prosecution.” United States v. Hernandez, 299 F.3d 984, 992 (8th Cir.2002). The Government must prove three essential elements for a § 922(g)(1) conviction: (1) the defendant previously was convicted of a crime punishable by a term of imprisonment exceeding one year; (2) he knowingly possessed a firearm; and (3) the firearm traveled in or affected interstate commerce. United States v. Maxwell, 363 F.3d 815, 818 (8th Cir.2004). We have not included the § 921(a)(20)(A) exclusion as an element of a § 922(g)(1) offense. In addition, several circuits have held that the exclusions of § 920(a)(20) are legal definitions rather than elements of a § 922(g)(1) violation. E.g., United States v. Bartelho, 71 F.3d 436, 439-40 (1st Cir.1995) (holding that the § 921(a)(20) exclusion is a legal definition, not an element, and noting that the holding follows the approach taken by other circuits); United States v. Jackson, 57 F.3d 1012, 1015-17 (11th Cir.1995); (rejecting the defendant’s argument that § 921(a)(20) adds a new element to a § 922(g)(1) offense; holding that the government had no obligation to prove that the exclusion was inapplicable where the defendant did not proffer evidence that the prior conviction fell within the exception); United States v.

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Bluebook (online)
491 F.3d 408, 2007 U.S. App. LEXIS 14461, 2007 WL 1757723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rudolph-george-stanko-ca8-2007.