United States v. Weaver, 2011 U.S. App. LEXIS 21485

Defendants are alleged Pagans Motorcycle Club members; Moore, a felon, issued orders to subordinates to carry firearms.
Moore controlled the chain of command and possessed firearms; defendants accompanied him on some occasions.
All defendants were charged with possessing firearms while employed for a convicted felon under 18 U.S.C. § 922(h), and some with conspiracy to violate § 922(h).
District court held § 922(h) requires tangible compensation to prove employment; it granted motions to dismiss.
Government conceded it could not prove tangible compensation and thus could not meet the district court’s interpretation; Weaver and Moore pleaded conditional guilty but preserved appeal on the interpretation.
Fourth Circuit reverses, holding § 922(h) does not require compensation as a sine qua non and remands for proceedings consistent with that holding.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does § 922(h) require tangible compensation to prove employment?	United States contends employment need not involve wages.	Weaver/Moore argue employment requires tangible compensation.	No; compensation not required for employment

Lamie v. U.S. Tr., 540 U.S. 526 (U.S. 2004) (plain-language interpretation of statutes)
United States v. Bly, 510 F.3d 453 (4th Cir. 2007) (statutory language governs unless ambiguous)
Community for Creative Non-Violence v. Reid, 490 U.S. 730 (U.S. 1989) (employee concept is flexible, not limited to wages)
United States v. Murphy, 35 F.3d 143 (4th Cir. 1994) (employ means use or engage services beyond compensation)
Boy Scouts of America v. Graham, 86 F.3d 861 (9th Cir. 1996) (agency principles show employment can exist without compensation)
United States v. Ide, 624 F.3d 666 (4th Cir. 2010) (statutory interpretation reviewed de novo)