United States v. Jackson, 1:13cr129 (JCC/IDD)

Decision Date20 June 2013
Docket Number1:13cr129 (JCC/IDD)
CourtU.S. District Court — Eastern District of Virginia
PartiesUNITED STATES OF AMERICA v. BRITA LANETTE JACKSON, Defendant.

Alexandria Division

MEMORANDUM OPINION

This matter is before the Court following a bench trial held on June 4, 2013, pursuant to a criminal indictment against Defendant Brita Lanette Jackson (hereafter referred to as "Defendant" or "Defendant Jackson"). Defendant has been charged in a two-count indictment with making a false statement in connection with the purchase of a firearm, in violation of 18 U.S.C. § 922(a)(6), as well as conspiracy, in violation 18 U.S.C. § 371. After reviewing and considering the relevant evidence, including exhibits and testimony, the Court, for the reasons set forth below, finds Defendant guilty on both counts, and makes the following findings of fact and conclusions of law.

I. Findings of Fact

The Court adopts the parties' stipulated trial testimony. Virginia Arms is a federally licensed firearms dealer, located at 9760 Center Street in Manassas, Virginia,within the Eastern District of Virginia.1 (Stipulated Testimony ("Stip. Test.") ¶ 1.) As a firearms merchant, Virginia Arms is committed to complying with federal firearms laws. (Id. at ¶ 2.) Brett Simon (hereafter referred to as "Mr. Simon") is a sales manager at Virginia Arms. He has conducted thousands of firearms transactions. Like Virginia Arms, Mr. Simon is committed to complying with federal firearms laws. As such, he is vigilant during firearms transactions to detect any indication that a purchase might be illegal. (Id.)

On May 24, 2012, Defendant entered Virginia Arms. (Id. at ¶ 3.) The purpose of her visit was to purchase a Draco 7.62mm AK-47 type pistol. (Id.) The firearm was manufactured in Romania and imported by Century Arms, a corporation located in Vermont. (Id.)

Mr. Simon is familiar with the Draco line of firearms. (Id.) He was immediately intrigued that Defendant, a slight woman in her fifties, would purchase a powerful 7.62mm assault pistol, as the weapon's substantial recoil would present a considerable challenge to Defendant's ability to use the firearm. He also noted that the weapon was not a typical choice for use in self-defense. (Id. at ¶ 4.) Mr. Simon began filling out the paperwork required to transfer the firearm to Defendant. (Id. at ¶ 5.) While doing filling out the paperwork, Mr. Simondiscussed the firearm with Defendant and realized that Defendant knew practically nothing about firearms. (Id.) Despite claiming to be a collector of firearms, Defendant could not correctly identify the caliber of the Draco firearm that she was purchasing. (Id.) She also indicated that the firearm fired a 9mm handgun bullet while Mr. Simon knew that the weapon fired a far larger 7.62mm rifle round. (Id.)

Defendant provided Mr. Simon with identification in the form of her driver's license and motor vehicle registration, both of which Mr. Simon photocopied. (Id. at ¶ 6.) Defendant completed ATF Form 4473 as Mr. Simon and other employees of Virginia Arms watched. Question 11a, located on page one of the form, asked Defendant "[a]re you the actual transferee/buyer of the firearm(s) listed on this form?" A warning immediately followed, emphasized in bold-faced type, stating:

Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you.

(Id. at ¶ 7; ATF Form 4473 1.) Defendant marked the box labeled "yes" in response to question 11a on ATF Form 4473, thereby stating that she was actual transferee/buyer of the firearm. (Id.)

Mr. Simon and the owner of Virginia Arms discussed Defendant and became convinced that she was purchasing thefirearm for someone else, which would constitute a violation of federal law. Mr. Simon asked Defendant orally about the identity of the person who the gun was actually for and Defendant indicated that the firearm was for her, as she had done on ATF Form 4473. (Id. at ¶ 8.)

The owner of Virginia Arms subsequently contacted the Bureau of Alcohol, Tobacco, Firearms, and Explosives (hereafter referred to as "the ATF"). (Id. at ¶ 9.) The owner of Virginia Arms agreed to stall the Defendant while ATF agents were dispatched to the store. (Id.)

Defendant appeared nervous and impatient while the paperwork for the firearm transaction was in the process of being completed. She said that her friend outside could not wait much longer. Mr. Simon and other Virginia Arms employees observed a Cadillac with an African-American male driver waiting in the parking lot of the store. (Id. at ¶ 10.)

Once ATF agents informed Virginia Arms employees that they were in positions surrounding the store, Mr. Simon gave the Draco 7.62mm pistol to Defendant. She then left the store carrying the firearm. (Id. at ¶ 11.)

Jeffery P. Grabman (hereafter referred to as "Agent Grabman") is a special agent with the ATF and has been since 1992 and has investigated firearms trafficking cases for much of his career. (Id. at ¶ 12.) On May 24, 2012, Agent Grabman wasone of approximately eight agents dispatched to Virginia Arms in response to the owner's report of a suspected illegal "straw purchase" of a firearm.2 (Id.) While in the parking lot of Virginia Arms, Agent Grabman used binoculars to observe the driver of a Cadillac that had reportedly been waiting for the suspected straw purchaser. (Id. at ¶ 13.) Agent Grabman knew that the vehicle was registered to a convicted felon from Winchester, Virginia named Timothy McLeod (hereafter referred to as "Mr. McLeod"). (Id.) Agent Grabman had Mr. McLeod's driver's license photograph sent to his smartphone, and was thereafter able to determine that the Cadillac's driver was indeed Mr. McLeod. (Id.)

Agent Grabman observed Defendant emerge from Virginia Arms with the firearm that she had just purchased. (Id. at ¶ 14.) Defendant entered Mr. McLeod's vehicle and the vehicle left the Virginia Arms parking lot. (Id.) The agents followed the vehicle to Mr. McLeod's residence, located at 822 Butler Avenue in Winchester, Virginia. (Id.)

While at the residence, Agent Grabman watched as Mr. McLeod and Defendant entered the house. (Id. at ¶ 15.) Shortly thereafter, Defendant emerged from the residence alone andretrieved the firearm from Mr. McLeod's vehicle. (Id.) Agent Grabman and other ATF agents attempted to stop Defendant. (Id.) Agent Grabman was wearing a bullet-proof vest and a badge around his neck. Agent Grabman exited his vehicle, drew his firearm, identified himself as a federal agent, and ordered Defendant to stop. (Id.) Defendant did not comply with his command to stop. Instead, Defendant entered the house with the gun and locked the door behind her. (Id.)

Agent Grabman and other agents entered the residence and detained Defendant and Mr. McLeod. (Id. at ¶ 16.) ATF agents and local police officers searched the house, seizing the Draco 7.62mm pistol that Defendant has just purchased. (Id.) Law enforcement also seized the following items: a Taurus PT709 9mm handgun, an "upper" or barrel of a Mac-10 assault pistol, an SKS magazine capable of use in the Draco pistol purchased by Defendant on that day, three firearm holsters, assorted rifle and pistol ammunition, the bill of sale for a Taurus handgun, the bill of sale for a Glock 33 handgun, the bill of sale for a Beretta 9005 handgun, and assorted Valley Trader magazines that had circles around classified advertisements for firearms. (Id.) The bill of sale for the Glock 33 handgun was dated May 9, 2012, but the Glock handgun itself was not located in the residence. (Id.) The Beretta 9005 handgun listed in the bill of sale was also absent from the residence. (Id.)

Agent Grabman then attempted to speak with Defendant. (Id. at ¶ 17.) Defendant agreed to speak with him and told him that she had purchased the Draco Ak-47 type pistol at the request of Mr. McLeod and with the intent of giving the firearm to Mr. McLeod. (Id.) Defendant knew that Mr. McLeod was a convicted felon and she had purchased firearms for him because he was unable to purchase them himself. (Id.) Defendant estimated that she had purchased between fifteen and twenty firearms for Mr. McLeod between January of 2012 and May 24, 2012. (Id.) According to Defendant, Mr. McLeod would circle firearms in Valley Trader magazines that he wanted Defendant to purchase. Defendant would then contract the seller, complete the transaction, and give the firearms to Mr. McLeod. (Id.) Defendant told Agent Grabman that she did not know what Mr. McLeod was doing with the firearms after she purchased and gave them to him. (Id.)

The parties have also stipulated to the testimony of several individuals that engaged in firearms transactions with Defendant prior to May 24, 2012.

James Montgomery (hereafter referred to as "Mr. Montgomery") advertised the sale of his Glock 33 .357 pistol in Valley Trader magazine. (Id. at ¶ 18.) He was contacted by Defendant and agreed to sell her the firearm. (Id.) On May 19, 2012, Mr. Montgomery sold Defendant the Glock pistol in theparking lot of a Best Buy in Winchester, Virginia. (Id. at ¶ 19.)

On May 23, 2012, Donald Gene Hart (hereafter referred to as "Mr. Hart") sold a Taurus PT709 9mm pistol to Defendant. (Id. at ¶ 20.) Defendant purchased the pistol at Mr. Hart's residence. (Id. at ¶ 21.) Defendant told Mr. Hart that the firearm was for personal protection. (Id.)

Charles E. McWilliams, Jr. (hereafter referred to as "Mr. McWilliams") listed a Cobray Mac-11 assault pistol in Valley Trader magazine. (Id. at ¶ 22.) Defendant attempted to purchase the firearm from Mr. McWilliams on January 4, 2012. (Id. at ¶ 23.) According to Mr. McWilliams, Defendant seemed unfamiliar with the firearm, but stated that it was for her personal use. (Id.) Mr. McWilliams felt odd about selling the firearm to Defendant. The background check system was not available on that day so Mr. McWilliams did not then sell the...

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