Washington v. United States

NEWMAN, Associate Judge:

Washington challenges his convictions for simple assault and possession of a prohibited weapon (sawed-off shotgun). He contends, inter alia, that the trial court erred in refusing to instruct the jury that to convict him of possession of the sawed-off shotgun, the evidence must establish that the shotgun was “operable.” We agree and reverse.1

Washington and Bush became involved in an altercation during which Washington pointed a shotgun at Bush. It was not disputed that the barrel of the shotgun was less than 20 inches in length.2 After a break in the affray, Washington…