UNITED STATES of America, Plaintiff-Appellee, v. Jerry Ross CASTERLINE, Defendant-Appellant

Though defendant raises several issues, the most significant is whether a felon can be convicted of possessing a firearm based solely on ownership. The answer is no.

A jury convicted Casterline of three counts of being a felon in possession of a firearm, 18 U.S.C. § 922 (g). Count I charged possession of a set of derringer pistols, while Counts II and III charged possession of Remington rifles. Casterline argues (1) the connection between the guns and interstate commerce was too attenuated to provide a basis for federal jurisdiction; (2) the indictment improperly alleged the offense occurred “on or before” the relevant date; (3) the evidence was insufficient to prove the crime charged in Count I; (4) the sentencing guidelines were incorrectly applied. We lay out the relevant facts as needed.

I. Constitutionality.

The evidence established that the guns must have traveled in interstate commerce at some time, but as is usual in felon-in-possession cases, there was no evidence to show when the guns had last crossed state lines. However, the derringers and rifles were manufactured in Connecticut and New York, and found in Oregon, so they had to have travelled in interstate commerce…