489 F. App'x 474
2d Cir.2012Background
- Zaleski was convicted on multiple counts for possessing machine guns, unregistered firearms, and related devices.
- District Court sentenced him to 101 months’ imprisonment.
- Appeal challenged custodial interrogation, Second Amendment scope, and sentencing procedures/substantive reasonableness.
- Fourth issue regarding transfer/liquidation of seized firearms was addressed in a separate opinion.
- Second Circuit affirmed the district court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence seized from the home resulted from custodial interrogation | Zaleski argues the evidence is fruit of an unconstitutional custodial interrogation. | Govt contends interrogation was non-custodial and permissible | No custodial interrogation; evidence admissible |
| Whether the Second Amendment protects possession of machine guns | Zaleski asserts a constitutional right to possess machine guns. | Govt argues Second Amendment does not cover machine guns in ordinary possession | Second Amendment does not protect machine guns |
| Whether the sentence was procedurally or substantively unreasonable | Zaleski challenges the sentencing procedure and substantive length | Sentence properly calculated within guidelines and factors §3553(a) | No procedural error; within Guidelines; not substantively unreasonable |
Key Cases Cited
- McNeil v. Wisconsin, 501 U.S. 171 (U.S. 1991) (non-custodial interrogation principle)
- United States v. FNU LNU, 653 F.3d 144 (2d Cir. 2011) (non-custodial interrogation framework)
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (Second Amendment does not cover weapons not typically possessed for lawful purposes)