Staff Report//March 11, 2019//
Staff Report//March 11, 2019//
Defendant was convicted of possession of a stolen firearm and acquitted of underlying burglary and larceny charges, after defendant had pleaded guilty to other burglary and larceny charges. The district court denied defendant’s motion acquittal on new trial on the possession charges, which stemmed from the acquitted burglary. The district court also denied an acceptance-of-responsibility reduction after finding defendant had not testified truthfully.
Where evidence showed defendant knew or had reasonable cause to believe his rifles were stolen from a person who purchased a Massachusetts-manufactured rifle and testified untruthfully to more major offenses to which defendant pleaded not guilty, the evidence was sufficient to convict, and the district court correctly denied a sentencing reduction.
Judgment is affirmed.
U.S. v. Waln (MLW No. 72835/Case No. 18-1812 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Magnuson, J.) Appealed from U.S. District Court, District of South Dakota, Lange, J. (Margo Northrup for appellant) (Kevin Koliner for appellee; Meghan N. Dilges for brief)