UNITED STATES of America, Plaintiff-Appellee, v. Raniel Bonifacio AMPARO, Defendant-Appellant

Defendant Raniel Bonifacio Amparo appeals from his jury convictions on federal firearms charges. On appeal he argues that the district court erred by instructing the jury that as a matter of law possession of an unregistered sawed-off shotgun is a crime of violence under 18 U.S.C. § 924 (c)(3)(B). We affirm.

I. FACTS AND PRIOR PROCEEDINGS

An undercover ATF agent arrested Amparo after feigning purchase of a sawed-off shotgun from him. At the time of his arrest, Amparo was carrying a loaded pistol. The shotgun was disassembled but operable when assembled.

Amparo was indicted on two counts. Count I charged Amparo with possession of an unregistered firearm (the disassembled sawed-off shotgun) in violation of 26 U.S.C. § 5861 (d). Count II charged Amparo with carrying a firearm (the loaded pistol) in relation to a crime of violence in violation of 18 U.S.C. § 924 (e)(1).

At trial, the district court gave the jury the following instructions with respect to Count II:

Over the defendant’s objection, the district court determined as a matter of law that possession of an unregistered sawed-off shotgun is a crime of violence under 18 U.S.C. § 924(c)(3)(B). The trial judge instructed the…