Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Chief Judge WILKINSON and Judge LUTTIG joined.
OPINION
A jury found Arnold Jackson guilty of possessing an unregistered firearm (a sawed-off shotgun) in violation of 26 U.S.C.A. § 5861(d) (West 1989), and of possessing the firearm despite a previous felony conviction in violation of 18 U.S.C.A. § 922(g)(1) (West Supp.1997). The district court sentenced Jackson under the United States Sentencing Guidelines to 262 months imprisonment, to be followed by three years supervised release, and a $100 special assessment. Jackson appeals both of his convictions and his sentence. He argues that the district court erroneously admitted two hearsay statements into evidence, erroneously denied his Motion for Judgment of Acquittal on both counts due to the insufficiency of the Government’s evidence, erroneously found that he stipulated to his prior felon status, see 18 U.S.C.A. § 922(g)(1), and failed to charge the jury on an essential element of possessing an unregistered firearm, see 26 U.S.C.A. § 5861(d). Finding no reversible error, we affirm Jackson’s convictions and his sentence.
I.
On July 31,1992, police officers were summoned to the home of Genavy Jackson, Jackson’s mother, in response to a domestic disturbance call. When Ms. Jackson answered the door, she immediately informed Officer Michael D’Ovidio that Jackson had been threatening to shoot family members and that she wanted him removed from the premises. Once inside the home, Officer D’Ovidio observed Jackson and his sister engaged in a heated argument in the hallway of the first floor of the home. Officer D’Ovidio described Jackson as “very aggressive in his actions and his manners and his words.” (J.A. at 20.) When the officers separated Jackson and his sister, Jackson began arguing with his mother. After breaking up that argument, the officers instructed Jackson to gather his personal belongings and leave the premises.
While Jackson gathered his belongings, Ms. Jackson informed the officers that Jackson had a gun, but that she had secured it upstairs. Minutes later, standing outside the home, Jackson asked the officers if he could get his gun for protection while he was “on the street.” (J.A. at 23.) The officers refused his request, and Jackson left the premises. Because they were afraid that Jackson would return to the home, get his gun, and carry out his threats to harm his family, the officers asked Ms. Jackson to retrieve the gun from upstairs and give it to them for safekeeping. Ms. Jackson complied and brought the officers a red and gray plastic bag that was tied at the end. Upon returning to the police station, Officer D’Ovidio opened the plastic bag and discovered a sawed-off shotgun approximately 18 inches in total length, and several shotgun shells. Realizing that the weapon had been illegally altered, Officer D’Ovidio returned to Ms. Jackson’s home to locate Jackson. Unable to find Jackson that night, he transferred the case to the Bureau of Alcohol, Tobacco, & Firearms (ATF). Approximately three years later, in August 1995, Jackson was arrested.
*610 Jackson proceeded to trial on an indictment charging him with possession of an unregistered weapon in violation of 26 U.S.C.A. § 5861(d), and with being a felon in possession of a firearm in violation of 18 U.S.C.A. § 922(g)(1). 1 A jury found Jackson guilty of both charges and the district court sentenced him to 262 months imprisonment, three years supervised release, and a $100 special assessment.
II.
Jackson first makes a sufficiency-of-the-evidence challenge to his conviction for possession of an unregistered firearm,
see
26 U.S.C.A. § 5861(d), arguing that the Government failed to prove (1) that Jackson possessed the weapon; (2) that the weapon fit the statutory definition of “firearm,”
see
26 U.S.C.A. § 5845(a) (West 1989); and (3) that Jackson knew that the weapon he possessed had characteristics triggering the statutory duty to register it in the National Firearms Registration and Transfer Record,
see Staples v. United States,
When reviewing a sufficiency-of-the-evidence claim, we will sustain the jury’s verdict “if there is substantial evidence, taking the view most favorable to the Government, to support it.”
Glasser v. United States,
A.
Jackson claims that the Government failed to present evidence from which a reasonable finder of fact could conclude that Jackson possessed the sawed-off shotgun while living in his mother’s home. Because the Government does not contend that Jackson actually possessed the firearm, we must determine whether there is substantial evidence to support the jury’s finding that Jackson constructively possessed the sawed-off shotgun.
See United States v. Burgos,
The Government presented the following evidence to show that Jackson had constructive possession of the firearm. First, Jaek- *611 son’s ex-wife, Callie Jackson, testified that Jackson owned a sawed-off shotgun in early 1992 and that he took it with him on May 19, 1992, when he left the marital home. Second, when the officers arrived at Jackson’s mother’s home on the night of July 31, Jackson’s mother told Officer D’Ovidio that Jackson was threatening to shoot family members. Third, Ms. Jackson indicated that Jackson owned a firearm and that she had temporarily secured it upstairs. Fourth, Jackson admitted his ownership of the gun when he asked the officers if he could take it with him as he left the house on the night of July 31. And finally, the officers on the scene, believing that Jackson had control over the firearm, returned to the home and took possession of the shotgun because they feared that Jackson might return, obtain the shotgun, and carry out his threats. This evidence amply supports the jury’s finding that Jackson constructively possessed the firearm on the night of July 31,1992.
B.
Jackson next argues that the Government failed to present evidence that the sawed-off shotgun he possessed met the statutory definition of “firearm.” 2 The National Firearms Act, see 26 U.S.C.A. §§ 5801-5872 (West 1989 & Supp.1997), makes it “unlawful for any person ... to receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record.” 26 U.S.C.A. § 5861(d) (West 1989). The statute defines a “firearm” to include
(1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in subsection (e); (6) a maehinegun; (7) any silencer (as defined in subsection 921 of Title 18, United States Code); and (8) a destructive device.
26 U.S.C.A. § 5845(a) (West 1989). In his indictment, Jackson was charged with possessing “a Stevens 12-gauge, Model 9478, sawed-off shotgun, barrel length 12 5/16 inches, a firearm which was not registered to him in the National Firearms Registration and Transfer Record” in violation of 26 U.S.C.A. § 5861(d). (J.A. at 10 (emphasis added).) Accordingly, Jackson correctly states on appeal that “[t]o sustain a conviction ..., the government had to prove that [he] possessed a ‘shotgun having a barrel or barrels of less than 18 inches in length [, see 26 U.S.C.A. § 5845(a)(1),]’ or ‘a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length[, see 26 U.S.C.A. § 5845(a)(2)].”’ (Appellant’s Br. at 24.) We affirm the conviction, concluding that the Government presented substantial evidence, challenged neither at trial nor on appeal by Jackson, from which a reasonable juror could determine beyond a reasonable doubt that Jackson’s weapon (1) was “made from a shotgun,” and (2) was shorter than the dimensions provided in § 5845(a)(2), thereby satisfying the definition of a firearm in the National Firearms Act.
While conceding that the Government needed to prove, in addition to the weapon’s length, only that the sawed-off shotgun was “made firom a shotgun,” Jackson inexplicably argues that his conviction must be reversed because the Government failed to present sufficient evidence “to establish that the weapon possessed the physical characteristics bringing it within the definition of a ‘shotgun’ under the Act.” (Appellant’s Br. at 24.) The term “shotgun” is defined by the statute as
*612 a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed shotgun shell.
26 U.S.C.A. § 5845(d). Specifically, Jackson argues that the Government presented insufficient evidence that the weapon he possessed (1) had a “smooth bore,” and (2) was “intended to be fired from the shoulder.” 3 See id.
Jackson’s argument is wholly without merit. A defendant may be convicted under § 5861(d) if his unregistered weapon is any of a number of different types of weapons included within the definition of “firearm,” i.e., “a shotgun,” “a weapon made from a shotgun,” “a rifle,” “a weapon made from a rifle,” “a maehinegun,” “a silencer,” or “a destructive device.” See 26 U.S.C.A. § 5845(a). Thus, the Government needs to prove only that the weapon possessed by a defendant fits into one of a number of types of firearms included within the definition of “firearm.” In this ease, as Jackson admits, the Government could prove Jackson’s guilt by demonstrating that his weapon met the statutory definition of “firearm,” either as a “shotgun” or “a weapon made from a shotgun.” The evidence proved that Jackson possessed “a weapon made from a shotgun” as provided in § 5845(a)(2).
At trial, the Government presented evidence through Officer D’Ovidio; Jackson’s ex-wife, Callie Jackson; and Agent Trainor of the Bureau of Alcohol, Tobacco & Firearms (ATF), that the firearm recovered in the Jackson home was of the type required to be registered. Officer D’Ovidio described the weapon as “a sawed-off shotgun.” (J.A. at 26.) He testified that the “gun had been cut off at the barrel, the metal part, and also at the wooden part, the stock end. So it was smaller, probably ... 18 inches in length total.” (J.A. at 26.) He concluded that the firearm had been “illegally altered.” (J.A. at 29.) Callie Jackson testified that while she and Jackson were living together, he brought a full-size shotgun into their home. (J.A. at 70-71.) She further testified, however, that after a time the shotgun, while still in Jackson’s possession, became “sawed off’ at both ends. (J.A. at 72.) ATF Agent Trainor testified that the firearm had originally been manufactured as “a Stevens shotgun, Model 9478[,] a 12-gauge single shot shotgun with a pop-up mechanism.” (J.A. at 108.) Agent Trainor agreed that the weapon was now an operable “sawed-off shotgun.” (J.A. at 108, 110.) Also, the firearm was admitted into evidence and available for the jury to view. (J.A. at 110.)
Jackson did not challenge at trial, and does not contest on appeal, Agent Trainor’s conclusion that the firearm had originally been manufactured as a Stevens 12-gauge shotgun, or the testimony of Officer D’Ovidio, Callie Jackson, or Agent Trainor that the firearm was a “sawed-off shotgun.” In fact, Jackson did not object to the district court’s instructions to the jury that “[f]or purposes of this case, a firearm is defined as a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length.” (J.A. at 148.) Moreover, Jackson did not request an instruction requiring the jury to find that the sawed-off shotgun met the statutory definition of “shotgun” either before or after it was altered. In sum, Jackson has not, at trial or on appeal, disputed that the weapon at issue, before it was altered, was a “shotgun.”
*613
Viewing the evidence and all reasonable inferences to be drawn therefrom in the light most favorable to the jury’s verdict, we conclude that there was sufficient evidence presented from which a jury could determine that the sawed-off shotgun possessed by Jackson was a “weapon made from a shotgun” and “had an overall length of less than 26 inches,” and therefore was a “firearm” under the Act.
4
See United States v. Breeland,
C.
Jackson also challenges the Government’s failure to present evidence from which the jury could adduce that Jackson knew that the firearm had the characteristics to bring it within the Act. A year prior to Jackson’s trial, the Supreme Court held that to obtain a § 5861(d) conviction, the Government must “prove that [the defendant] knew of the features of his [weapon] that brought it within the scope of the Act.”
Staples v. United States,
When reviewing a sufficiency-of-the-evidence claim, circumstantial as well as direct evidence may be considered, and the Government is given “the benefit of all reasonable inferences from the facts proven to those sought to be established.”
United States v. Tresvant,
D.
Finally, we address Jackson’s claim that the district court committed plain error when it failed to instruct the jury that the Government had the burden of proving that Jackson knew of the characteristics of his weapon that made it a “firearm” under the Act. 5 Following the presentation of evidence, the district court instructed the jury as follows:
The second element which the Government must prove beyond a reasonable doubt with respect to Count 2 is that the defendant had knowledge that what he was possessing was a firearm.
An act is done knowingly if it was done voluntarily and purposely and not because of mistake, accident, mere negligence or other innocent reason. I instruct you that the requirement of proving that the defendant acted knowingly, does not make it necessary for the [G]ovemment to show that the defendant knew about the registration provisions of the law, or that he knew the firearm had physical characteristics that might make it subject to registration . In other words, the Government need not prove that the defendant knew he was breaking the law.
(J.A. at 149-50 (emphasis added).) Jackson neither requested that the district court instruct the jury that the Government was required to prove his knowledge of the weapon’s features nor did Jackson contemporaneously object to the district court’s instructions. Accordingly, we review his claim for plain error.
See United States v. Cedelle,
Jackson satisfies the three-prong test of
Olano
. First, Jackson has demonstrated that the district court committed error. In
Staples,
the Supreme Court held that to obtain a conviction under § 5861(d), the Government has to prove that a defendant has knowledge of the physical characteristics of his weapon that bring it within the scope of the Act. at 603-05,
Although plain error occurred, we may decline to exercise our discretion to notice the error.
See Johnson,
at-,
III.
Next, we address Jackson’s argument that the evidence presented at trial was insufficient to support his conviction under 18 U.S.C.A. § 922(g)(1) (West Supp.1997). Jackson argues that the Government failed to show (1) that he possessed the sawed-off shotgun and (2) that he was a convicted felon at the time he allegedly possessed the unlawful firearm. We disagree and affirm the conviction. For the reasons cited in Part U.A., we conclude that the Government presented ample evidence from which a reasonable jury could infer that Jackson constructively possessed the firearm. We therefore limit our discussion to Jackson’s second assigned error, i.e., the Government’s failure of proof regarding Jackson’s felon status.
Jackson contends that his conviction for being a felon in possession of a firearm, in violation of 18 U.S.C.A. § 922(g)(1), must be reversed because the Government failed to present any evidence that Jackson was convicted of a felony on or before July 31,1992, the date he possessed the sawed-off shotgun. Jackson does not argue that he was not a convicted felon at the time of the possession, *616 only that the Government failed to meet its burden of proof on this essential element of the charged offense. We conclude that any error was invited by Jackson.
At the beginning of the trial, Jackson’s counsel represented to the district court that Jackson agreed to stipulate that he was “a convicted felon.” (J.A. at 11.) Jackson subsequently submitted proposed jury instructions to the district court which indicated that the parties stipulated to his status as a felon at the time of his possession of the firearm on July 31,1992. At the close of the Government’s case, however, the Assistant United States Attorney read the following stipulation to the jury:
That Arnold Jackson, before his arrest for the offense for which he is on trial, had been convicted of a crime punishable by imprisonment for a term exceeding one year, and that defendant Arnold Jackson has not been pardoned for the above referenced conviction, nor has the conviction been expunged, nor ha[ve] his civil rights to possess a firearm been restored.
(J.A. at 112-13.) This statement erroneously recited the parties’ stipulation because it showed only that Jackson was a felon at the time of his arrest, rather than that Jackson was a felon at the time of his possession of the firearm, which was almost three years earlier than his arrest. 6 Jackson, however, did not object to the inaccuracy of the stip ulation as conveyed to the jury. In his Motion for Judgment of Acquittal at the close of the Government’s ease, Jackson again failed to challenge the apparent failure of proof. Moreover, Jackson failed to object when the district court, adopting verbatim his proposed instructions, charged the jury
that the parties have stipulated that the defendant was convicted of a crime in state court and that this crime is punishable by imprisonment for a term exceeding one year. It has also been stipulated by the parties that this felony conviction occurred prior to the time that the defendant is alleged to have possessed the weapons charged in the indictment.
I instruct you, in this connection, that the prior conviction that is an element of the charges here, and is not disputed, is only to be considered by you for the fact that it exists and for nothing else. You are not to consider it for any other purpose. You are not to speculate what it was for. You may not consider the prior conviction in deciding whether the defendant was in knowing possession of the gun that is charged.
(J.A at 144-45 (emphasis added).) Not until the jury returned a guilty verdict did Jackson, for the first time, specifically challenge the Government’s alleged failure of proof on the issue of whether he was a felon at the time he possessed the firearm. 7
The district court denied Jackson’s motion, concluding that its instruction regarding Jackson’s felon status, as submitted by Jackson himself, provided the jury with evidence from which it could have found the essential elements of the crime. Jackson argues that a jury instruction does not relieve the Government of its burden of proof on an essential element of the crime, even if the defendant stipulated to the existence of the element.
See United States v. Muse,
The “invited error” doctrine recognizes that “‘a court cannot be asked by counsel to take a step in a case and later be convicted of error, because it has complied with such request.’ ”
United States v. Herrera,
*618 rv.
In his final attack on his convictions, Jackson appeals the district court’s admission of two hearsay statements made by his mother to Officer D’Ovidio when he arrived at her home on the night of July 31. At trial, Officer D’Ovidio testified that Ms. Jackson stated that Jackson “had been threatening members of the family [and] had threatened to shoot members of the family” (J.A. at 19), and “that Arnold Jackson had a gun in the house but she had it secured upstairs” (J.A. at 21). We give substantial deference to a district court’s evidentiary rulings and will not disturb them absent a clear abuse of discretion.
See United States v. ReBrook,
The district court allowed the first hearsay statement, that Jackson was threatening to shoot family members, into evidence under the present sense impression exception,
see
Fed.R.Evid. 803(1), and the excited utterance exception,
see
Fed.R.Evid. 803(2). A present sense impression is “[a] statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.” Fed.R.Evid. 803(1). An excited utterance is “[a] statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.” Fed.R.Evid. 803(2);
see Morgan v. Foretich,
As to the second hearsay statement, that Jackson “had a gun,” viewing all facts in the light most favorable to the Government, we can assume that her statement was made immediately after the officers separated her and Jackson after he assaulted her. Officer D’Ovidio reported that Jackson “became engaged in an argument with his mother. It was the same yelling. He was very aggressive in his actions and his manners and his words. Cursing. We separated he [sic] and his mother____to de-escalate the situation.” (J.A. at 20-21.) It was immediately after this altercation that Ms. Jackson spoke of the gun. We agree with the district court that “the event itself is an adequate foundation” for admission of the statement as an excited utterance. (J.A at 22.)
V.
Finally, Jackson challenges his sentence. He argues that the Government’s concession that it failed to present evidence that the firearm Jackson possessed violated 26 U.S.C.A § 5861(d) (West 1989), requires reversal of his sentence. Because we conclude that Jackson’s § 5861(d) conviction should be affirmed, and because Jackson raises no additional challenges to his sentence, we also affirm his sentence for the reasons articulated for the affirmance of his conviction. For the foregoing reasons, we affirm Jackson’s conviction under 26 U.S.C.A § 5861(d) (West 1989), and 18 U.S.C.A § 922(g)(1) (West Supp.1997), and his sentence.
AFFIRMED
Notes
. Another count of the indictment, an additional felon-in-possession charge, was severed and ultimately dismissed.
. At both the close of the Government’s case and prior to the district court’s instructions to the jury, Jackson made a Rule 29 Motion for Judgment of Acquittal on both counts. (J.A. at 114, 126.) Jackson did not specify the grounds upon which his motions, both denied hy the district court, were based. Therefore, while we acknowledge that Jackson's sufficiency-of-the-evidence claims are preserved, see Fed.R.Crim.P. 29, we note that Jackson did not direct the district court's attention to this specific complaint at any time during his trial.
. In its brief and at oral argument, the Government conceded that we should reverse Jackson's conviction under 26 U.S.C.A. § 5861(d) because it failed to introduce evidence that the sawed-off shotgun possessed by Jackson came within the statutory definition of "shotgun.” (Appellee’s Br. at 1 n. 1.) Specifically, the Government admits that it did not present any evidence that the weapon contained a “smooth bore,”
see
26 U.S.C.A. § 5845(d) (West 1989). The Government’s concession, however, does not preclude our review of the issue.
See United States v. Stanfield,
. Moreover, even if we were to construe Jackson’s argument on appeal as disputing that the weapon he possessed was originally a “shotgun” as that term is statutorily defined, we conclude that there is sufficient evidence from which a reasonable jury could infer that the sawed-off shotgun was an illegal alteration of "a weapon designed ... and intended to be fired from the shoulder and designed ... to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger.” ATF Agent Trainor, a firearms expert, testified that the firearm was originally manufactured as a Stevens 12-gauge single shot shotgun. This description, from a firearms expert, unchallenged by Jackson, was sufficient to show that the firearm had been a "shotgun” for the purposes of 26 U.S.C.A. § 5845(d) (West 1989). Any argument that Agent Trainor’s failure to explicitly note that the weapon, as manufactured, had a "smooth bore” or was intended to be fired from the shoulder demonstrates a fundamental misunderstanding of what a shotgun is: "A shotgun is a gun with a smooth bore: a bore that has not been rifled to impart spin to the projectile on its way out of the barrel.”
United States v. Janik,
. Although the Government is required to prove that a defendant had knowledge of the characteristics of the weapon that brings it within the scope of the Act, the Government is not required to prove that a defendant knew that failure to register such a weapon is against the law.
. On appeal, Jackson, disputes the Government’s assertion that prior to trial he stipulated that he was a convicted felon on July 31, 1992. We find Jackson’s argument untenable in light of the jury instructions proposed by Jackson prior to trial. He requested that the district court instruct the jury that "the parties have stipulated that the defendant was convicted of a crime in state court and that this crime is punishable by imprisonment for a term exceeding one year [and] that his felony conviction occurred prior to the time that the defendant is alleged to have possessed the weapon charged in the indictment.” (Def. Requested Jury Inst. No. 31.)
. As noted in n. 2, supra, Jackson made Rule 29 Motions for Acquittal on both counts prior to jury’s deliberations. (J.A. at 114, 126.) Jackson did not, however, specify the grounds upon which his motions were based until his third Motion for Judgment of Acquittal, made after the jury returned its guilty verdict.
. In light of the United States Supreme Court’s recent decision in
Old Chief v. United
States,U.S.-,