United States v. Daniells, No. 19-2188 (1st Cir. 2023)
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The First Circuit vacated Appellant's conviction for willfully violating 18 U.S.C. 922(n) - the federal prohibition on the receipt of a firearm by someone "under indictment for a crime punishable by imprisonment for a term exceeding one year" - and vacated Appellant's sentence, holding that an instructional error and the application of a "trafficking of firearms" enhancement were in error.
Appellant was convicted of violating 18 U.S.C. 922(n) and 18 U.S.C. 922(a)(1)(A), the federal prohibition on "dealing in firearms" without a license. The First Circuit vacated the judgment in part, holding (1) the trial court erred in instructing the jury as to the "willfully" element of the section 922(n) offense; (2) remand was required for an evidentiary hearing on Appellant's claim of actual conflict of defense counsel under the Sixth Amendment; and (3) the trial court erred in applying the "trafficking" enhancement, and the error was not harmless.
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