(Download) "United States v. Rietzke" by Seventh Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Rietzke
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 04, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Argued October 24, 2001 John Rietzke, a federally licensed firearms dealer, operated Grassel's Guns in Greenfield, Wisconsin, and was arrested after selling guns to a convicted felon thru a straw purchaser, an undercover agent of the Bureau of Alcohol, Tobacco, and Firearms (ATF). Rietzke pleaded guilty to one count of ""willfully fail[ing] to keep records of the name, age and place of residence of"" the person to whom he had sold or delivered a firearm, contrary to 18 U.S.C. sec. 922(b)(5) & 18 U.S.C. sec. 924(a)(1)(D). In his plea agreement Rietzke preserved the right to appeal the trial judge's decision to convict and sentence him under the statute's felony provision instead of its misdemeanor pro vision, which he contends was created for the purpose of treating licensed firearms dealers more leniently, and he now so appeals. We affirm. I. Factual Background John Rietzke, a federally licensed firearms dealer, operated Grassel's Guns in Greenfield, Wisconsin. The Bureau of Alcohol, Tobacco and Firearms (ATF) began investigating Rietzke after receiving information from a cooperating witness, Mitchell Critton, that Rietzke had been violating federal firearms laws. Critton told ATF agents that Rietzke had sold firearms to him several years before, despite knowing that Critton was a convicted felon. Critton told the agents that he and Rietzke accomplished the earlier sale through the use of a ""straw purchaser,"" someone who acts as an agent or intermediary for another who is ineligible to purchase the firearms directly.