United States v. Milton Scott

Defendant Milton Scott appeals his conviction for conspiracy to unlawfully possess firearms, possession and transfer of such unregistered firearms, as well as for aiding and abetting those substantive offenses.

A special agent of the Bureau of Alcohol, Tobacco and Firearms (“ATF”) engaged in an undercover investigation of Scott and his co-defendants. The government agent purported to be a purchaser of automatic weapons. He purchased two such weapons from Scott and his co-defendants. Several of the conversations between the government agent and the defendants were tape-recorded and the audible portions were received as evidence in the trial.

Scott was sentenced to five years on the conspiracy count under 18 U.S.C. § 371 (1982) and, pursuant to the enhancement provisions of 18 U.S.C. § 3575 (1982), an additional five years was imposed. For possession and transfer of firearms under 26 U.S.C. §§ 5861 (d)-(e), 5871 (1982 and Supp. Ill 1985) and aiding and abetting under 18 U.S.C. § 2 (1982), Scott was sentenced to ten years, with a five-year enhancement. The court ordered these terms to run consecutively, for a total sentence of twenty-five years.

In prosecuting this appeal, Scott…