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UNITED STATES v. HARBARGER

No. 21-40332.

46 F.4th 287 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Asa HARBARGER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED August 18, 2022.

Attorney(s) appearing for the Case

Sean Christopher Day , Bradley Elliot Visosky , Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Texas, Plano, TX, James Mack Noble, IV , Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Texas, Tyler, TX, for Plaintiff-Appellee.

Thomas Asa Harbarger, FCI Forrest City Medium, Forrest City, AR, Pro Se.

Before Jones, Southwick, and Oldham, Circuit Judges.

Thomas Harbarger was convicted of illegally possessing an unregistered firearm, specifically a "destructive device," under the National Firearms Act ("NFA"). See, e.g., 26 U.S.C. §§ 5845(a), 5861(d). Appealing his conviction, Harbarger argues that the NFA is unconstitutionally vague as applied to his...

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