Jimenez
United States v. Jimenez
Opinion
Lead Opinion
Donato, J.
ORDER RE MOTION TO DISMISS
Re: Dkt. No.
A grand jury indicted defendant. Alejandro Jimenez on two counts: (1) possession of “a machinegun, specifically, an. AR-15-style machinegun lower receiver, with no serial number,” in violation of 18 U.S.C. § 922 (o); and (2) receiving and possessing “a firearm, specifically, an AR-15-style ma-chinegun lower receiver, with no serial number, not registered to him in the National Firearms Registration and Transfer Record,” in violation of 26 U.S.C. § 5861 (d). Dkt. No. 6. He moves to dismiss both counts under Rule 12 of the Federal Rules of Criminal Procedure on the ground that these laws are unconstitutionally vague as applied to him. Dkt. No. 12. The Court grants the motion in part and denies it in part.
BACKGROUND
The charges arise out of a single event in July 2015 and the facts are uncontro-verted. Jimenez is a convicted felon who cannot legally purchase a firearm. He met an undercover agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) at a shopping mall in Concord, California, to buy the lower receiver of an AR-15 rifle. He was arrested immediately after paying the agent and taking possession of the lower…