Shan
United States v. Shan
Opinion
Lead Opinion
MEMORANDUM ***
Defendant Zheng Jian Shan (“Shan”) appeals his conviction and sentence on one count of dealing in firearms without a license following a bench trial. More specifically, Shan contends the Government failed to introduce sufficient evidence that he was a firearms dealer, pursuant to 18 U.S.C. § 922 (a)(1)(A), to support his conviction and sentence.
Shan’s argument rests upon the absence of evidence showing that he profited through the “repetitive purchase and resale of firearms.” 18 U.S.C. § 921 (a)(21)(C). Nevertheless, this Court has previously held that if a person “has guns on hand or is ready and able to *32 procure them,” that person is engaged in the business of dealing in firearms. United States v. Breier, 813 F.2d 212 , 213-14 & n. 1 (9th Cir.1987) (quoting U.S. v. Wilmoth, 636 F.2d 123, 125 (5th Cir. Unit A 1981)).
The District Court found that the Government'presented evidence of Shan’s ability and- willingness to procure additional firearms for the Government’s informant. Although the Government provided evidence of the sale of weapons—arguably in only one transaction—it also submitted evidence of Shan’s disposition as a person “ready and able to…