Munsterman

United States v. Munsterman

Good Law
177 F.3d 1139·99 Daily Journal DAR 4993·1999 WL 326137·1999 U.S. App. LEXIS 10044·99 Cal. Daily Op. Serv. 3914
United States Court of Appeals for the Ninth CircuitMay 25, 1999No. 98-30140California1,125 words

Opinion

Lead Opinion

Schwarzer, J.

John Munsterman was indicted and convicted for falsely representing, in connection with the acquisition of a firearm, that he was not under indictment for commission of a felony. At the time of purchase, Munsterman was under an Oregon state indictment for felony sexual abuse. He was charged with violating 18 U.S.C. § 922 (a)(6), which makes it unlawful for any person to knowingly make a false statement with respect to any fact material to the lawfulness of the sale of a firearm. His statement that he was not under indictment for a felony was made material to the sale by the statutory prohibitions against the sale of a firearm to, or receipt of a firearm by, a person under a felony indictment, contained in 18 U.S.C. §§ 922 (d)(1) 1 and (n).

Munsterman’s motion to dismiss his federal indictment on the grounds that §§ 922(d)(1) and (n) are bills of attainder was denied by the district court. After a trial, the jury returned a guilty verdict and defendant now appeals from the judgment, challenging the district court’s denial of his motion to dismiss.

*1141 In this appeal we must decide whether §§ 922(d)(1) and (n) violate the Constitution’s bar against bills of attainder. U.S.…

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