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Frazier: False statement is material to firearm sale

By Tim Cone

In U.S. v. Frazier, No. 08-11655 (May 14, 2010), the Court affirmed false statement firearm convictions, and reversed a sentence because it was incorrectly calculated.Turning first to a jurisdictional question, the Court recognized that the defendant filed his notice after the expiration of the 10-day deadline for filing a notice of appeal. However, because the government voluntarily forfeited its objection to the untimeliness of the notice, the Court had jurisdiction.The Court rejected the argument that the evidence was insufficient to sustain the false statement convictions. The defendant argued that the false statement relating to the purchaser of the firearm was immaterial, because neither the real purchaser, nor the straw purchaser of the firearm, was a convicted felon; both were eligible to purchase the firearm...continue to full post

Full post as published by Defense Newsletter Blog on May 17, 2010 (boomark / email).