United States v. Jacques Yves Sebastien Duroseau

Summary

The Fourth Circuit vacated a conviction under 18 U.S.C. § 922(a)(5) for transporting firearms to an unlicensed person, holding that the statute requires a completed transfer of firearms to an unlicensed recipient and does not criminalize attempts. The court found that because the defendant’s firearms were seized by Haitian police before delivery, the government failed to prove a completed transfer, even though the defendant had transported the weapons to Haiti. The opinion clarifies that "transport" under § 922(a)(5) is a means of transfer but does not eliminate the element that the firearms must actually reach an unlicensed person. The court also addressed preservation of the issue, noting the district court had sua sponte considered and ruled on the completed-transfer requirement.

Holdings

1. Because § 922(a)(5) does not proscribe attempts, conviction requires a completed transfer of firearms from an unlicensed person to an unlicensed person who does not reside in the defendant's state of residence. Since Duroseau was arrested and the firearms seized before delivery to the Haitian Army, the transfer was not completed, and the evidence was insufficient.

Questions Presented

1. Whether the government presented sufficient evidence to convict Duroseau under 18 U.S.C. § 922(a)(5) for transporting firearms to the Haitian Army when the firearms were seized by police before delivery.
2. Whether § 922(a)(5) requires a completed transfer of firearms to an unlicensed person, or whether transporting firearms to a location where the intended recipient is located is sufficient.
3. Whether Duroseau's argument that the evidence did not show a transfer to another person was properly preserved for appeal.

Disposition

vacated