151480P.pdf   10/16/2015  United States  v.  Gabriel Garcia-Hernandez
   U.S. Court of Appeals Case No:  15-1480
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Benton, Author, with Riley, Chief Judge, and Shepherd, 
   Circuit Judge] 
   Criminal case - Criminal law. In this case, the government need only prove 
   that defendant's firearm or ammunition had been in or affecting interstate 
   commerce and not that he knew it had been in or affecting interstate 
   commerce, as the mens rea requirement in 18 U.S.C. Sec. 924(a)(2) does not 
   apply to the interstate-commerce element of 18 U.S.C. Sec. 922(g)(1); as a 
   result, the instruction given the jury were not erroneous; evidence was 
   sufficient to show defendant knew the serial number on a rifle had been 
   obliterated as it was visibly scratched out and he admitted ownership of 
   the firearm.