United States v. James Vlha

BACKGROUND

Defendants conspired to manufacture and sell semi- automatic AR-15 firearms without a license in Bellflower, California. They accepted orders for custom assault weapons, created parts using specialized equipment, and assembled and sold the firearms. In 2015 and 2016, Defendants manufactured custom assault weapons and unwittingly sold them to various undercover agents. Schlotterbeck also sold a firearm to a confidential informant who Schlotterbeck believed was a felon. Defendants were charged with conspiring to engage in the business of manufacturing and dealing of firearms without a license, and Schlotterbeck was charged with selling a firearm to a felon. Defendants moved to dismiss their indictment under Federal Rule of Criminal Procedure 12(b)(3) as unconstitutional under New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022). The district court denied their motion, and Defendants entered conditional pleas preserving their right to appeal that decision. Defendants timely appealed. “[A]n indictment sought under a statute that is unconstitutional on its face or as applied will . . . be dismissed.” United States v. Mayer, 503 F.3d 740, 747 (9th Cir. 2007).…