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U.S. v. THEUNICK

Nos. 08-1363, 08-1452, 08-1569.

651 F.3d 578 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Gary THEUNICK (08-1363), Maxwell Garnett (08-1452), and Frederick MacKinnon (08-1569), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 30, 2011.

Rehearing and Rehearing En Banc Denied August 3, 2011.

Attorney(s) appearing for the Case

ARGUED: Jacob A. Manning, Dinsmore & Shohl LLP, Wheeling, West Virginia, Pamela C. Dausman, Foster, Swift, Collins & Smith, PC, Lansing, Michigan, Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellants. Janet L. Parker, Assistant United States Attorney, Bay City, Michigan, for Appellee. ON BRIEF: Jacob A. Manning, Dinsmore & Shohl LLP, Wheeling, West Virginia, Michael J. Newman, Dinsmore & Shohl LLP, Cincinnati, Ohio, Pamela C. Dausman,   Frank Harrison Reynolds,   Donald E. Martin, Foster, Swift, Collins & Smith, PC, Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellants. Janet L. Parker, Assistant United States Attorney, Bay City, Michigan, for Appellee.

Before: MARTIN, SILER, and ROGERS, Circuit Judges.

OPINION

SILER, Circuit Judge.

Gary Theunick, Frederick MacKinnon, and Maxwell Garnett (collectively, "Defendants") were convicted of possessing automatic weapons and making false entries on weapons application and transfer forms in violation of 26 U.S.C. §§ 5861(d), 5861(l), and 7206(2). The Defendants raise various issues on appeal, including the constitutionality of the statutes charged, double...

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