United States v. Rocky Houston

ROSE, District Judge.

CONCURRENCE

I concur in the result of the majority opinion affirming Defendant’s conviction and sentence for possessing firearms in violation of 18 U.S.C. § 922(g)(1) on January 11, 2013. While I concur in full with sections I, III, and parts B, C, D, and E of section II, I am not convinced of the reasoning behind part II A.

The lead opinion posits that “the ATF ... could have staffed an agent disguised as a construction worker to sit atop the pole or perhaps dressed as an agent in camouflage to observe the farm from ground level for ten weeks.” While United States v.…