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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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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