United States v. Nathan Charlton

MEMORANDUM

Nathan Charlton appeals his conviction and sentence for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). The offense required the government to establish that the firearm had been shipped or transported in interstate commerce. Id. § 922(e). Charlton first challenges the admission of an investigation report prepared by the government’s expert witness, Special Agent Daniel Garza with the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), as a business record. Even assuming the admission of the report was in error, any error was harmless because the report was cumulative of Garza’s testimony. See United States v. Pang, 362 F.3d 1187, 1192 (9th Cir. 2004) (“Even if we find error, we will only reverse if an erroneous evidentiary ruling more likely than not affected the verdict.” (internal quotation marks omitted)).

Based on his expertise in firearms and his research, including consultation of an ATF file on manufacturer information and with an archivist from Colt, the manufacturer of the firearm, Garza testified that the firearm had been manufactured in Connecticut. The district court appropriately exercised its gatekeeping…