U.S. v. HENRY

No. 11-30181.

688 F.3d 637 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Matthew Wayne HENRY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2012.


Attorney(s) appearing for the Case

Fred Richard Curtner, III (argued), Anchorage, AK, for the defendant-appellant.

Jo Ann Farrington (argued), Assistant United States Attorney, Karen L. Loeffler , United States Attorney, Anchorage, AK, for the plaintiff-appellee.

Before: ALFRED T. GOODWIN, WILLIAM A. FLETCHER, and MILAN D. SMITH, JR., Circuit Judges.


OPINION

M. SMITH, Circuit Judge:

Defendant-Appellant Matthew Wayne Henry appeals his conviction for illegal possession of a homemade machine gun, under 18 U.S.C. § 922(o). He contends that he has a Second Amendment right to possess a homemade machine gun in his home. We reject this argument because machine guns are "dangerous and unusual weapons" that are unprotected by the Second Amendment. Dist. of Columbia v. Heller, 554 U.S. 570, 627...

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