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ATF agent’s testimony supports gun conviction

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The 7th Circuit Court of Appeals affirmed a man’s weapons conviction Tuesday, ruling that the expert testimony of an agent of the Bureau of Alcohol Tobacco Firearms and Explosives could be used to prove that a gun had crossed state lines.

In order to convict Joseph Brownlee of being a felon in possession of a gun in violation of 18 U.S.C. Section 922(g)(1), the government had to prove the .40 caliber Smith & Wesson pistol had been “shipped or transported in interstate or foreign commerce.” The government presented the expert testimony of a special agent of the ATF who testified that the gun was manufactured in Connecticut and so it must have been transported by interstate commerce to get to Indiana.

She based her research on a search of an ATF database of information about the places where guns are manufactured, as well as a phone conversation she had with the manager of the Connecticut plant where she believed the gun was made. He told her it was his plant that made the gun.

Brownlee’s attorney didn’t question the ATF agent’s qualifications to give expert testimony and only asked her two “pointless” questions, according to Judge Richard Posner, who authored United States of America v. Joseph C. Brownlee, 13-2745.

“The government didn’t have to prove where the gun had been manufactured, only that it had not been manufactured in Indiana, a conclusion the expert had arrived at on the basis of her database searches before she talked to the manager,” Posner wrote in rejecting Brownlee’s claim the expert gave impermissible hearsay evidence in testifying to what the manager told her.

The 7th Circuit also rejected Brownlee’s claim that the manager of the plant should have been called to testify.

“The agent not only works in Indiana, but her job involves determining the state in which a gun is manufactured (or in which it is not manufactured — because, to repeat, it doesn’t matter where the defendant’s gun was manufactured so long as it was not manufactured in the state in which he possessed it). The manager of Tri Town Plastics’ plant has a different job, the performance of which would be disrupted if he had to fly to remote locations any time a person was being prosecuted as a felon in possession of a gun believed to have been manufactured in that plant. It’s no surprise that the use of expert testimony to prove that a gun has crossed state lines is the standard method of proof of that element of the crime of being a felon in possession—evidence accepted as valid by (so far as we have been able to determine) all courts,” Posner wrote.
 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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