United States v. Carmel

MANION, Circuit Judge.

Defendant David Carmel pleaded guilty to one count of possessing an unregistered machine gun in violation of 26 U.S.C. § 5861, reserving his right to appeal from the district court’s denial of his motion to suppress, its denial of his motion for a hearing pursuant to Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), and its denial of his challenge to the constitutionality of 26 U.S.C. § 5861. We AFFIRM.

I

David Carmel was being investigated by Immigration and Customs Enforcement (“ICE”) and Defense Criminal Investigative Service (“DCIS”), an arm of…