United States v. Donald Lee Gardner

HASTINGS, Senior Circuit Judge.

Defendant Donald Lee Gardner was charged in Count II 1 of a two-count indictment 2 with a violation of Title 26, U.S.C.A. § 5861(d) 3 of the Gun Control Act of 1968, amending the National Firearms Act, having knowingly possessed a firearm which had not been registered with the Secretary of the Treasury or his delegate, as required by Title 26, U.S.C.A. § 5841. 4

Following a bench trial, defendant, having properly executed a written approved waiver of trial by jury, was found guilty of the offense charged in Count II. The district court entered a judgment of…