United States of America v. Elton James Wahpat

Yakima, Washington criminal law lawyer represented Defendant charged with being a felon in possession of Ammunition in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2), which provide:



(a) It shall be unlawful—



(1) for any person—



(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or



(B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;



(g) It shall be unlawful for any person—



(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;



(2) who is a fugitive from justice;



(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));



(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;



(5) who, being an alien—



(A) is illegally or unlawfully in the United States; or



(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));



(6) who has been discharged from the Armed Forces under dishonorable conditions;



(7) who, having been a citizen of the United States, has renounced his citizenship;



(8) who is subject to a court order that—



(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;



(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and



(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or



(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or



(9) who has been convicted in any court of a misdemeanor crime of domestic violence,

Defendant was sentenced to 6 months in prison, followed by 3 years of supervised release, assessed $100.00 and fire $500.00.