United States v. John Lunstedt

John Lunstedt appeals his conviction for possession of a firearm in a Federal court facility under 18 U.S.C. § 930 (d)(1). Lun-stedt contends that his conviction and ten-month sentence should be reversed because (1) the district court erred in denying his motion to dismiss the prosecution’s indictment; (2) there is insufficient evidence to support the jury’s verdict; and (3) the court gave the jury an inadequate instruction on an element of his offense. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

BACKGROUND

On July 9, 1991, Lunstedt entered the Gus J. Solomon Federal Courthouse in Portland, Oregon. He walked through the front entrance, through a small foyer, through a second set of doors, and arrived at an x-ray machine. Lunstedt carried a small gym bag. He placed this bag on the conveyor belt of the x-ray machine. He then walked through a metal detector. At a security officer’s request, Lunstedt emptied his pockets, which contained a small pocket-knife. The security officer informed Lunstedt that he could not bring the knife into the courthouse. Lun-stedt put his name and phone number on a piece of paper and wrapped the knife in the paper. He…