United States v. Acosta

DECISION AND ORDER RE: COUNT TWENTY-FIVE

ADELMAN, District Judge.

Count twenty-five of the second superseding indictment accuses defendant Larry Olson of violating 18 U.S.C. § 924(h) by knowingly transferring a firearm in or around May 1996, knowing that such firearm would be used in a “crime of violence.” The crime of violence charged is “the attempted Murder of Christopher Rivera as alleged in Predicate Act #38 of Count One.” I have indicated to the parties my concern over whether I have jurisdiction over this offense and whether it is constitutional as charged because no federal nexus seems…