United States v. Gilbert

*385 MEMORANDUM *

Keith Gilbert appeals his jury conviction on one count of conspiracy to manufacture unregistered firearms in violation of 18 U.S.C. § 371 , one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1), seven counts of possession of a machinegun in violation of 18 U.S.C. § 922 (o), and two counts of possession of an unregistered firearm in violation of 26 U.S.C. § 5861 (d). Gilbert challenges the refusal of a requested jury instruction, the propriety of a given jury instruction, and the court’s exclusion of testimony regarding his beliefs about the Second Amendment. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

Gilbert’s criminal history includes felony convictions which prevent him from possessing firearms, including two separate 1966 convictions, one for receiving stolen property and unlawful possession of explosives, and another for assault with a deadly weapon. Between 2003 and 2004, a police informant made four controlled purchases of AK rifles from Gilbert. Portions of all of the transactions were recorded and agents conducted surveillance during the last three transactions. In 2005, a search of Gilbert’s…