United States v. Gerald S. Hurd, United States of America v. Howard H. Smith

Hurd and Smith were convicted in the Western District of Washington on all charges arising from a four count indictment. Count I of that indictment charged both defendants with conspiracy to receive, possess and transfer unregistered firearms in violation of 18 U.S.C. § 371 . Count II charged Smith with aiding and abetting the unlawful transfer by Olson, an unindicted coconspirator, of a rifle and silencers, a violation of 18 U.S.C. § 2 , 26 U.S.C. § 5961 (e). Count III charged Hurd with unlawful possession of a silencer, a violation of 26 U.S.C. § 5861 (d). Count IV charged Hurd with unlawfully transferring a silencer, a violation of 26 U.S.C. § 5861 (e).

Defendants urge that their convictions must be reversed, asserting three grounds. Both Hurd and Smith contend that the district court improperly instructed the jury by refusing to supply an instruction on the definition of a silencer that encompassed the defense theory of the case. Smith claims that his conviction for aiding and abetting Olson’s transfer of a rifle and silencers must be reversed because Olson never transferred the firearms within the meaning of the statute. Finally, Hurd argues that the trial judge should have…