United States v. Dustin Saksa

Good Law
533 F. App'x 783
United States Court of Appeals for the Ninth CircuitJuly 18, 201312-30159California601 words

Opinion

Opinion

MEMORANDUM

Dustin Neal Saksa appeals his conviction for possession of an unregistered sawed-off shotgun in violation of 26 U.S.C. § 5861 (d). Following a two-day trial, a jury found Saksa guilty of the charged offense. Sak-sa contends that there was insufficient evidence to support his conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291 . When reviewing if a conviction is supported by sufficient evidence, we must determine whether, “after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). We affirm.

Pursuant to 26 U.S.C. § 5861 (d), it is unlawful for any person to receive or possess a “firearm” that is not registered to him under the National Firearms Registration and Transfer Record. A “firearm” includes, among other things, “a shotgun having a barrel or barrels of less than 18 inches in length,” 26 U.S.C. § 5845 (a)(1), or a “weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18…

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