In the Supreme Court of the United States In the Supreme Court of ...

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OPINIONS BELOW The decision of the Thirteenth Circuit is unreported. United States v. Hinkley, No. 12- 1711 (13th Cir. Aug. 1, 2012). The opinion is set forth on pages 2–11 of the record on appeal. In the District Court for the District of North Greene, the Convict entered a conditional guilty plea to being a felon in possession of a firearm, reserving the right to appeal, and was sentenced to 180 months imprisonment. R. at 6. RELEVANT CONSTITUTIONAL AND STATUTORY PROVISIONS The following Constitutional, statutory, and regulatory provisions involved in the present case are set forth in Appendix A: U.S. Const. amend. IV; Armed Career Criminal Act, 18 U.S.C. § 924(e); National Firearms Act, 26 U.S.C. § 5845(a) (2006); 26 U.S.C. § 5861 (2006); 8 U.S.C. § 1101(a)(43) (2006); 8 U.S.C. § 1228(a)(3) (2006); 18 U.S.C. § 922(g)(1) (2006); 18 U.S.C. § 842(i)(1) (2006); 18 U.S.C. § 844(f) (2006); 28 U.S.C. § 994(h) (2006); Fed. R. Crim. P. 11(a)(2); U.S. Sentencing Guidelines Manual § 4B1.2(a) (2009); U.S. Sentencing Guidelines Manual § 4B1.2 cmt. n.1 (2009). Model Penal Code § 2.02(5) (2011). Statement of Facts STATEMENT OF THE CASE Roy Hinkley (“Convict”) began his criminal career at age fifteen when the High Point County Superior Court convicted him of first-degree burglary. R. at 3. The judge sentenced the Convict to three years of home confinement with electric monitoring. R. at 3. Although the Convict temporarily became a law abiding citizen, this change was short-lived. R. at 3. The Convict inherited his uncle’s construction business when his uncle died. R. at 3–4. In 2007, after his daughter fell ill, the Convict burned down the construction warehouse to recover the insurance proceeds for his daughter’s medical expenses. R. at 4. The fire 1
investigators quickly determined the fire had multiple points of ignition and found a surveillance video of the Convict entering the warehouse with a can of gasoline on the day of the fire. R. at 4. The Convict pled guilty to arson and the judge sentenced him to one year of probation. R. at 4. After the arson charge, the Convict and his family moved to a lower middle-class neighborhood. R. at 4. After moving, there were several burglaries on the Convict’s street. R. at 4. A burglar, armed with a semi-automatic handgun, broke into the home two houses down from the Convict’s home. R. at 4. Even though the Convict was a convicted felon, he convinced a friend to purchase a shotgun for his personal use. R. at 4–5. The friend obtained a short-barreled, or sawed-off, shotgun for the Convict. R. at 4–5. Soon after the Convict obtained the sawed-off shotgun, the Convict heard a commotion outside of his house and walked outside bearing the sawed-off shotgun. R. at 5. Several police officers were in the area searching for a burglary suspect. R. at 5. Officer Terrence Sanford (“Officer”), a former officer with the Bureau of Alcohol, Tobacco, and Firearms, recognized the Convict’s weapon as a sawed-off shotgun. R. at 5. The Officer knew possession of the weapon was illegal unless the Convict had registered it pursuant to the National Firearms Act (NFA). R. at 5. The Officer, upon asking the Convict if the gun was legally registered, learned that the Convict was a convicted felon and that the weapon was unregistered. R. at 5. The Convict, facing his third conviction, pled guilty to possession of an unregistered sawed-off shotgun. R. at 5. In return for his guilty plea, and in light of the Convict’s ill daughter, the prosecutor graciously offered the Convict ten years of probation, five years of home monitoring, and no jail time. R. at 5. The Convict accepted the offer. R. at 5. Two months later, the Convict purchased yet another weapon, a .40 caliber semi- automatic handgun, after someone broke into the house across the street and murdered his 2
Page 1 and 2: No. 13-201 ________________________
Page 3 and 4: TABLE OF CONTENTS ii Page Questions
Page 5 and 6: TABLE OF CONTENTS-Continued iv Page
Page 7 and 8: TABLE OF AUTHORITIES-Continued vi P
Page 9: TABLE OF AUTHORITIES-Continued B. F
Page 13 and 14: Procedural History On October 1, 20
Page 15 and 16: eckless conduct. Other felony offen
Page 17 and 18: The three seminal rulings governing
Page 19 and 20: Amendment intrusion was outweighed
Page 21 and 22: go on unlimited fishing expeditions
Page 23 and 24: had waited for a search warrant to
Page 25 and 26: The First Circuit found a protectiv
Page 27 and 28: determine whether an offense qualif
Page 29 and 30: eexamined the same issue in light o
Page 31 and 32: F.3d at 7 (commenting that Congress
Page 33 and 34: Subcommittee on Crime of the House
Page 35 and 36: only other listed offenses involvin
Page 37 and 38: The possession of an unregistered s
Page 39 and 40: U.S. Const. amend. IV APPENDIX Rele
Page 41 and 42: (h) to receive or possess a firearm
Page 43 and 44: term applies regardless of whether
Page 45: U.S. Sentencing Guidelines Manual

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