United States v. Goodman
United States v. Goodman
Opinion of the Court
MEMORANDUM AND ORDER
Defendant Goodman was indicted for willfully and knowingly conspiring and agreeing with others to commit violations of 18 U.S.C. § 922(i)
Defendant has moved to dismiss or, in the alternative, to quash the indictment, see Documents 48 and 55 of the Record, arguing that 18 U.S.C. § 925(a)(1) exempts the transaction; that he is the subject of selective prosecution; and the transference of evidence from one grand jury to another was improper. The Government by brief dated August 30, 1985 has opposed the motion. For the reasons set forth below, the Motion to Dismiss or, in the Alternative, to Quash the Indictment will be denied.
The court finds unpersuasive the theory that 18 U.S.C. § 925(a)(1)
While distinguishing the cases the Government has cited, defendant cites no support for his interpretation of the exemption. Defendant has been indicted in Count 2 with causing the importation without authorization by the Secretary in violation of the Act and charged as a principal under 18 U.S.C. § 2. If defendant caused the importation by members of the Archbald Police Department without the authorization, then the Act has been violated. The exemption of § 925(a)(1) would exclude importation for the use of a political subdivision of any state. The Government has represented that defendant arranged for the importation with other accomplices from the Arch-bald Police Department and paid for the pistols knowing that they were not for the use of the Police Department. Such conduct would not come under the protection of the exemption.
Similarly, the court rejects defendant’s argument of selective prosecution. See Wayte v. United States, — U.S. —, 105 S.Ct. 1524, 84 L.Ed.2d 547 (1985). Defendant attaches copies of “The Shotgun News”, a trade publication which lists advertisements by various individuals selling West German Walther semi-automatic pistols. Because none of these individuals have been prosecuted, defendant alleges he is a victim of selective prosecution. The court rejects this argument. See Wayte, supra. In Wayte, the Supreme Court stated that it was appropriate to judge selective prosecution claims according to ordinary equal protection standards. These standards require that a defendant show that the enforcement system had a discriminatory effect and that it was motivated by a discriminatory purpose. Id. at 1531.
Defendant’s selective prosecution theory rests upon his argument that the instant prosecution is in retaliation for the civil suit filed by defendant against the Attorney General of the Commonwealth. The Government has stated, and defendant has not disputed, that the federal prosecutor responsible for the instant case was not aware that defendant had filed a civil suit until after the indictment was returned. Moreover, defendant’s allegations are too vague and imprecise to warrant a hearing or further inquiry by the court.
Defendant’s final argument is that the transference of evidence in this case from one grand jury to another without return to defendant where there is a hiatus between the two grand juries is improper is equally without merit. First, evidence may be transferred from one grand jury to a successive grand jury. United States v. Slawik, 408 F.Supp. 190, 210-11 (D.Del. 1976), aff'd 564 F.2d 90 (3d Cir. 1977). Second, defendant argues that there was long hiatus between the first and second grand juries while in the next breath, he accuses this court of refusing disclosure of that very information. The court will not sift through the barrage of motions filed by defendant to establish ex
An appropriate Order will enter.
. This section provides, as follows:
Except as provided in section 925(d) of this chapter, it shall be unlawful for any person knowingly to import or bring into the United States or any possession thereof any firearm or ammunition; and it shall be unlawful for any person knowingly to receive any firearm or ammunition which has been imported or brought into the United States or any possession thereof in violation of the provisions of this chapter.
. Section 925(d) allows for importation where specifically authorized by the Secretary of the Treasury.
. This section states that:
The provisions of this chapter shall not apply with respect to the transportation, shipment, receipt, or importation of any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.
Reference
- Full Case Name
- United States v. David A. GOODMAN
- Status
- Published