United States v. Joseph Alexander Armstrong

Joseph Alexander Armstrong appeals his conviction on 15 counts of knowingly and willfully causing the making of false entries on federal firearms transaction records in violation of 18 U.S.C. §§ 2 & 922(m) (1982). Armstrong challenges an alleged amendment to the superseding in dictment, the propriety of the jury instructions, and the district court’s refusal to grant a mistrial in light of alleged juror misconduct. We affirm the decision of the district court.

FACTS AND PROCEDURAL HISTORY

In 1983, Armstrong obtained the signatures of two friends and the forged signature of another on fifteen blank firearm transaction records. These records purported to document the sales of as many guns to these friends, although none of the friends intended to buy, nor did they receive, any guns. Armstrong presented these signed forms to John McGerty, a licensed gun dealer, who then delivered the fifteen weapons to, and accepted payment from, Armstrong.

Armstrong was originally charged on April 18, 1986, with one count of conspiracy and four counts of aiding and abetting the making of false entries in federal firearms transaction records in violation of 18 U.S.C. §§ 2 (a) & 922(m). On July 11,…