United States v. Bruce Abramski, Jr.
2013 U.S. App. LEXIS 1881
| 4th Cir. | 2013Background
- Abramski, who lived in Virginia, bought a Glock 19 in Virginia for his uncle Alvarez in Pennsylvania.
- Abramski answered Yes to ATF Form 4473 question 11.a, claiming he was the actual buyer; Alvarez provided $400 for the purchase.
- The Glock 19 was transferred to Alvarez in Pennsylvania; Alvarez received a transfer receipt showing he bought it for $400.
- A bank robbery in Rocky Mount, VA led to FBI investigations linking Abramski to the robberies.
- Two search warrants were executed ( Highland Farm Road and Iron Ridge Road) related to the robbery; a green Franklin Bank bag containing the transfer receipt was seized.
- Abramski was indicted for two firearms offenses under 18 U.S.C. §§ 922(a)(6) and 924(a)(1)(A); he pled guilty conditionally to preserve appellate review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §922(a)(6) applies when both buyers are eligible | Abramski argues no straw purchase since both buyers were eligible | Abramski contends materiality requires illegality of the sale to trigger §922(a)(6) | Statute applies; identity of actual purchaser is material to lawfulness |
| Whether §924(a)(1)(A) requires materiality | False 4473 entry is not required to be material for §924(a)(1)(A) | §924(a)(1)(A) prohibits false statements in dealer records regardless of materiality | §924(a)(1)(A) does not require materiality; false record entry violates statute |
| Whether the Iron Ridge Road warrant supported by probable cause | Probable cause exists due to linkage to bank robbery and Abramski’s behavior | Argues lack of probable cause and improper scope of the warrant | Warrant supported by probable cause; seizure within scope was proper |
| Whether the receipt was improperly seized or admissible under good faith | Seizure within scope; good faith exception applies | Seizure exceeded warrant scope; suppression warranted | Evidence admissible; good faith exception applied |
Key Cases Cited
- United States v. Morales, 687 F.3d 697 (6th Cir. 2012) (identity of purchaser material to lawfulness of sale under §922(a)(6))
- United States v. Frazier, 605 F.3d 1271 (11th Cir. 2010) (recognizes purchaser identity as material to lawfulness of sale)
- United States v. Harvey, 653 F.3d 388 (6th Cir. 2011) (elements of §922(a)(6) include materiality)
- United States v. Polk, 118 F.3d 286 (5th Cir. 1997) (Polk limits on materiality in 922(a)(6) proceedings)
- United States v. Johnson, 680 F.3d 1140 (9th Cir. 2012) (statutory text governs §924(a)(1)(A) materiality requirements)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause requires a totality-of-circumstances approach)
- United States v. Wellman, 663 F.3d 224 (4th Cir. 2011) (probable cause standard applied in Fourth Circuit)
- United States v. Doyle, 650 F.3d 460 (4th Cir. 2011) (standards for reviewing suppression rulings)