United States v. McLinn

EBEL, Circuit Judge.

In this criminal case Defendant Edward McLinn appeals the district court's denial of his motion to dismiss the indictment for failure to state an offense under Fed. R. Crim. P. 12(b)(3)(B)(v). Because the district court mistakenly treated the dispositive issue in this case as a fact question *1154 properly reserved for the jury, we VACATE the district court's order and REMAND for further proceedings consistent with this opinion.

I. Background

On August 27, 2013, Lawrence, Kansas, police officers responded to a call at a local gas station to find Mr. McLinn wandering the premises…