Description: McAllen, Texas criminal defense lawyers represented the Defendant charged with possession of a firearm not
registered to him in the National Firearms Registration and Transfer Record (NFRTR), in violation of 26 U.S.C. § 5861(d).


6 U.S.C. § 5861:

It shall be unlawful for any person—
(a) to engage in business as a manufacturer or importer of, or dealer in, firearms without having paid the special (occupational) tax required by section 5801 for his business or having registered as required by section 5802; or
(b) to receive or possess a firearm transferred to him in violation of the provisions of this chapter; or
(c) to receive or possess a firearm made in violation of the provisions of this chapter; or
(d) to receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record; or
(e) to transfer a firearm in violation of the provisions of this chapter; or
(f) to make a firearm in violation of the provisions of this chapter; or
(g) to obliterate, remove, change, or alter the serial number or other identification of a firearm required by this chapter; or
(h) to receive or possess a firearm having the serial number or other identification required by this chapter obliterated, removed, changed, or altered; or
(i) to receive or possess a firearm which is not identified by a serial number as required by this chapter; or
(j) to transport, deliver, or receive any firearm in interstate commerce which has not been registered as required by this chapter; or
(k) to receive or possess a firearm which has been imported or brought into the United States in violation of section 5844; or
(l) to make, or cause the making of, a false entry on any application, return, or record required by this chapter, knowing such entry to be false.

A district court may not enter a judgment of conviction based on a guilty plea unless there is a factual basis for the plea. Fed. R. Crim. P. 11(b)(3). To determine whether the factual basis supports a guilty plea, the court must compare the elements of the charged crime with the conduct to which defendant admits. Broussard, 669 F.3d at 546. Our court may look at the whole record to determine whether the guilty plea was supported by a factual basis, including, inter alia, facts gleaned from the plea colloquy, findings of fact relied upon in the presentence investigation report, and fairly
drawn inferences from the evidence introduced post-plea and at the sentencing hearing. See United States v. Trejo, 610 F.3d 308, 317 (5th Cir. 2010).

Outcome: The Defendant pleaded guilty and was sentenced to 84 months in prison.

AFFIRMED in part; VACATED in part; REMANDED to district court for resentencing.

Plaintiff's Experts:

Defendant's Experts:

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