United States v. Darryl Ray Evans, A/K/A Derrick Savage

Good Law
92 Daily Journal DAR 14655·978 F.2d 1112·978 F.3d 1112·1992 WL 310277·1992 U.S. App. LEXIS 27942
United States Court of Appeals for the Ninth CircuitOctober 29, 199291-50306California1,348 words

Opinion

Opinion

Pregerson, J.

Darryl Ray Evans appeals his conviction and sentence for possession of an unregistered machine gun in violation of 26 U.S.C. § 5861 (d). We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

BACKGROUND

Evans was charged in a superseding five count indictment with violations of the National Firearms Act (“NFA”). The jury acquitted Evans on four of the five counts but convicted him on the fifth. Count five charged Evans with violating 26 U.S.C. § 5861 (d), possession of an unregistered machine gun. Evans raises several challenges to his conviction and sentence. We discuss each in turn.

ANALYSIS

I. Jury Instructions

A. Definition of Trigger

Evans contends the district court erred when it defined trigger as “anything that releases the bolt to cause ... [the weapon] to fire.” During jury deliberations, the jury foreman had asked the court to define the term trigger for purposes of 26 U.S.C. § 5845 (b).

Evans objected to the district court’s definition and renews his objection on appeal. We find no error in the district court’s instruction on this issue.

Whether a jury instruction misstates the elements of an offense is a question of law that we review de novo. United States…

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