Description: Portland, Oregon criminal defense lawyer represented Defendant charged with possessing a firearm as a convicted felon.
Daniel Matthew Kittson, 61, was convicted of one count of illegally transferring a machine gun.
In December 2019, a special agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) learned that an individual, later identified as Kittson, possessed and was attempting to sell a Russian PPSh-41, a machine gun capable of firing approximately 900 rounds per minute. After identifying Kittson, investigators learned that he had prior felony convictions for attempted murder, first degree manslaughter, and felon in possession of a weapon, making it illegal for him to possess any type of firearm.
In early January 2020, investigators communicated with Kittson on two separate occasions to arrange a controlled purchase of the machine gun and, on January 10, 2020, completed the transaction. Following their purchase, investigators tested the firearm and confirmed that it was indeed a functional machine gun.
On March 9, 2021, a federal grand jury in Portland returned a two-count indictment charging Kittson with illegally possessing and transferring a machine gun and illegally possessing a firearm as a convicted felon.
On May 28, 2021, Kittson was arrested without incident by the U.S. Marshals Service and was released following his first appearance in federal court. In June 2022, Kittson absconded his pretrial supervision. Three months later, on September 27, 2022, he was located and arrested in Crook County, Oregon in possession of a firearm and small quantities of methamphetamine and heroin.
Illegally transferring a machine gun is punishable by up to ten years in federal prison.
Kittson will be sentenced in December 2023 by U.S. District Court Judge Karin J. Immergut.
This case was investigated by ATF. It was prosecuted by Leah K. Bolstad and Nicole M. Bockelman, Assistant U.S. Attorneys for the District of Oregon.
Outcome: 08/24/2023 115 Motion for Hearing Under FRE 104 Prior to Cross-Examination of Lay Witness Heidi Owens by Defendant Daniel Matthew Kittson. (Manes, C.) (Entered: 08/24/2023)
08/24/2023 116 Brief by Daniel Matthew Kittson Reply in Support of Rule 29 Motion (Manes, C.) (Entered: 08/24/2023)
08/24/2023 117 Proposed Jury Verdict by Daniel Matthew Kittson Special Verdict Form (Manes, C.) (Entered: 08/24/2023)
08/24/2023 118 ORDER DENYING DEFENDANT'S MOTION FOR JUDGMENT OF ACQUITTAL: Defendant's Motion for Judgment of Acquittal, ECF 112 , is DENIED. See attached Opinion and Order for details. Signed on 8/24/2023 by Judge Karin J. Immergut. (jy) (Entered: 08/24/2023)
08/24/2023 119 Minutes of Proceedings: Jury Trial day 3 before Judge Karin J. Immergut as to Daniel Matthew Kittson. Witnesses called, sworn, testify. Exhibits offered and received. Evidence adduced. Outside the presence of the jury, this Court heard argument regarding Defendant's Motion for Hearing Under FRE 104 Prior to Cross-Examination of Lay Witness Heidi Owens, ECF 115 . As noted on the record, this Court made various rulings of the permissible scope of Ms. Owens' witness testimony. Defendant waived right to testify on the record. Closing arguments given. Government's rebuttal argument given. Jury questions received. Jury deliberated. Verdict reached and read in Court. Jury Finding of Guilty on Count 1. Jury Finding of Not Guilty on Count 2. See Verdict form. Jury Polled and Discharged. Trial concluded 8/24/2023. Sentencing is set for 12/4/2023 at 11:00AM in Portland Courtroom 13A before Judge Karin J. Immergut. ORDER - Presentence Report to be prepared by U.S. Probation. ORDER - Defendant shall remain in custody pending sentencing. The Court will assume 30 minutes is sufficient for sentencing unless the parties notify the Court 2 weeks in advance that more time will be needed. Simultaneously filed Sentencing Memos are due no later than 11/29/2023 by NOON. If the Sentencing Memos are not received on time or the Court is not advised that none will be filed, sentencing may be rescheduled. The Clerk is directed to order 13 lunches from Elephants Delicatessen during jury deliberation. Counsel Present for Government: Leah K. Bolstad and Nicole Bockelman. Counsel Present for Defendant: Michael Charles Benson and C. Renee Manes. (Court Reporter Jill Jessup) (jy) (Entered: 08/25/2023)
08/24/2023 120 Clerk's List of Witnesses as to Daniel Matthew Kittson (jy) (Entered: 08/25/2023)
08/24/2023 121 Clerk's List of Exhibits as to Daniel Matthew Kittson (jy) (Entered: 08/25/2023)
08/24/2023 122 Jury Note as to Daniel Matthew Kittson (jy) (Entered: 08/25/2023)
08/24/2023 123 Jury Verdict Unredacted Version Filed Under Seal as to Daniel Matthew Kittson (jy) (Entered: 08/25/2023)
08/24/2023 124 Jury Verdict as to Daniel Matthew Kittson. Guilty on Count 1 and Not Guilty on Count 2. (jy) (Entered: 08/25/2023)
08/24/2023 125 Final Jury Instructions (jy) (Entered: 08/28/2023)