United States v. Joseph Anthony Herbert, United States of America v. John David Herbert

SKOPIL, Circuit Judge:

John David Herbert and Joseph Anthony Herbert appeal their convictions of conspiracy to violate the firearm laws contrary to 18 U.S.C. § 371, and of possession, making, and transferring of unregistered machine guns in violation of 26 U.S.C. § 5861(d), (e) and (f). We affirm as to John Herbert and reverse as to Joseph Herbert.

I

Appellant John Herbert, an attorney, and John Davis, a gun dealer, delivered five automatic weapons to Robert Jacob, an ATF informant. These weapons had originally been manufactured as semi-automatics, and had been internally converted to be…