US v. Sprenger, No. 10-5005
Conspiracy to Transfer Firearms Conviction Affirmed
In US v. Sprenger, No. 10-5005
, the court affirmed defendant's conviction for conspiracy to willfully transfer firearms to a person residing outside of his state of residence, where 1) there was no requirement that the firearms transferee be a resident of a state in the U.S.; and 2) the government was responsible for the same burden it originally bore--producing sufficient evidence to prove one of the two charged objects.
As the court wrote: "Defendant-Appellant Abram Sprenger appeals from his conviction of
conspiracy to willfully transfer firearms to a person residing outside of his state of residence (Oklahoma). He was sentenced to 27 months' imprisonment and three years' supervised release. On appeal, he argues that the statute of conviction does not proscribe his conduct and that the district court constructively amended the indictment by not instructing on one of the objects of the conspiracy. Aplt. Br. at 1, 5-6. Our jurisdiction arises under 28 U.S.C. § 1291 and we affirm."