Wednesday, December 26, 2007
Ind. Decisions - 7th Circuit issues one Indiana ruling today
In U.S. v. Haskins (ND Ind., Judge Lozano), a 13-page opinion, Judge Rovner writes:
A wild night at Dena’s Pub, a local nightclub in Gary, Indiana, ended prematurely when police arrived on the scene and confiscated drugs and firearms from Dena’s patrons and employees. One employee was Dwayne Haskins, who worked as a security guard at Dena’s. Police took Haskins’ firearm but later returned it because he lawfully possessed it. Police also inadvertently gave Haskins a Beretta .40- caliber pistol. Not one to “look a gift horse in the mouth” (as he later put it), Haskins accepted the weapon, although it was not his. He later sold the Beretta to Darryl Eller, his friend and fellow security guard at Dena’s. Unfortunately for Haskins, Eller was not only a convicted felon, he was also cooperating with federal agents. Consequently, Haskins was convicted of violating 18 U.S.C. § 922(d), which makes it a crime to sell a firearm to an individual known or reasonably believed to be a felon. Haskins appeals, and we affirm.
Posted by Marcia Oddi on December 26, 2007 10:39 AM
Posted to Ind. (7th Cir.) Decisions