Garland Rex Brinlee, Jr. v. United States

TALBOT SMITH, Senior District Judge.

The defendant, Garland Rex Brinlee, Jr., was convicted by a jury of conspiracy 1 to violate firearm statutesi 2 and 18 U.S.C. § 844(h), 3 which prohibits carrying an explosive during the commission of a felony, as well as of the substantive offenses of the possession of unregistered firearms (a bomb and a sawed-off shotgun) and of making a firearm (a bomb) without paying the required tax. 4

By way of background, and we here adopt the unchallenged statement contained in defendant’s brief to us:

Defendant had been previously convicted in Oklahoma State Court of…