Brown
United States v. Brown
Opinion
Lead Opinion
MEMORANDUM ***
Doug Brown appeals his conviction on one count of violating of 18 U.S.C. § 922 (a)(1)(A) and three counts of violating 18 U.S.C. § 922 (b)(3). We affirm.
We review Brown’s challenged jury instructions for plain error, because he did not object to them at trial, United, States v. Sanders, 421 F.3d 1044, 1050 (9th Cir. 2005), and for harmless error under the standard of Boyde v. California, 494 U.S. 370, 380 , 110 S.Ct. 1190 , 108 L.Ed.2d 316 (1990). Given that Brown submitted no evidence that he was selling from his personal collection — aside from indirect testimony that he had a large collection and that in the past he and his wife had sold their own guns at garage sales — and given that Brown made no argument to the jury that he was selling from his own collection, he has not shown plain error and any error would be harmless. We also reject Brown’s argument that 18 U.S.C. § 921 (a)(22) requires the government to prove actual profit for anyone who is not an arms dealer for criminals or terrorists, for that construction would defy both logic and the structure of the provision, which is a definition for “principal objective of livelihood and profit.”