United States of America v. Isaac Bishop Charles

Fort Smith, Arkansas, criminal defense lawyer represented the Defendant charged with felony possession of a machine gun.



On July 10, 2023, an Arkansas State Police officer initiated a traffic stop of Charles's vehicle for an illegible temporary paper license in the rear window. While talking to Charles, the officer smelled marijuana in the vehicle. Charles admitted to having marijuana in the center console and on the rear seat, so the officer performed a search of the vehicle. In addition to recovering marijuana, the officer discovered a Glock model 26, 9mm caliber pistol with a 3D printed device attached to it, which allowed the firearm to operate in a fully automatic manner



18 U.S.C. §§ 922(o)(l ) & 924(a)(2) Possession of a Machine Gun



The Defendant filed a motion to dismiss on the grounds that that § 922(o) violates the Second Amendment.



In a second superseding indictment, the government charged Charles with unlawful possession of a machine gun. Pursuant to a written plea agreement, Charles pled guilty. Prior to sentencing, the United States Supreme Court decided United

States v. Rahimi, 502 U.S. 680 (2024). Charles filed a motion to dismiss contending that Rahimi abrogated Eighth Circuit precedent upholding the § 922(o) restrictions on machine gun possession. The district court disagreed, and Charles appealed.

Motion denied.



The Defendant pled guilty.



Defendant is sentenced to imprisonment for a term of forty-six (46) months, with credit for time served in federal custody; supervised release for a term of three (3) years. $100 Special Assessment ordered for this count



Affirmed.