United States v. Creed Miles Evans

Creed M. Evans appeals from his conviction following a plea of nolo contendere for making false statements to the Bureau of Alcohol, Tobacco and Firearms in violation of 18 U.S.C. § 1001 (1988). Evans claims that the district court improperly denied his motions to dismiss prior charges and suppress evidence relating to those charges — charges which the government subsequently dropped in exchange for his plea of nolo contendere on the false statements charge. We affirm.

BACKGROUND

Evans was originally indicted, along with three others, on charges of (1) conspiracy to cause illegal possession of machine guns, and (2) aiding and abetting the unlawful possession of machine guns. The government alleged that Evans and code-fendant Burns jointly agreed to sell and sold to any paying customer all the parts necessary to assemble machine guns which, prior to May 19, 1986, private persons could not legally possess without registering, 26 U.S.C. § 5861 (d) (1982), and after May 19, 1986, private persons could not legally possess at all, 18 U.S.C. § 922 (o) (1988). According to the charge, Evans obtained, for Burns to sell, kits consisting of all component parts of Sten MKII sub-machine guns…