United States v. Eric Spicer

HELENE N. WHITE, Circuit Judge.

After a jury trial, Eric Spicer was convicted of unlawful possession of a machine gun, in violation of 18 U.S.C. § 922(o), and possession of a firearm not registered to him, in violation of 26 U.S.C. § 5861(d). Spicer appeals, challenging the sufficiency of the evidence, the constitutionality of the statutes as applied to him, and the adequacy of the jury instructions. We AFFIRM the § 922(o) conviction and VACATE the § 5861(d) conviction.

I. .

Spicer’s convictions arise out of his termination from the Green County, Ohio, sheriffs office. Spicer joined the sheriffs…