United States v. Mark Skiles

MEMORANDUM

Mark Skiles appeals his conviction for unlicensed dealing in firearms and for conspiracy to so deal. We affirm.

(1) Skiles first asserts that the evidence was not sufficient to support the verdict. We disagree. We have carefully reviewed the record, and it is apparent that the evidence was sufficient to establish the elements of the offenses of dealing in firearms without a license and conspiracy so to do beyond a reasonable doubt. Simply put, there was sufficient evidence to demonstrate beyond a reasonable doubt that Skiles willfully engaged in the business of dealing in firearms without a federal firearms license, and that he conspired to do so. It is apparent that the jury credited the testimony of his former partner and the agents, together with the other evidence, rather than his testimony. We reject his invitation to reject that jury determination. See United States v. Alvarez, 358 F.3d 1194, 1201-02 (9th Cir.2004); Leonard v. United States, 324 F.2d 911, 913 (9th Cir.1963). There was no error, much less plain error.

(2) Skiles also claims that § 922(a)(1)(A) is unconstitutionally vague. On this record, we are unable to say that as applied to the facts and…