Second Circuit -- United States v. Nadirashvili (Solomonyan)

United States v. Nadirashvili (Solomonyan)

Sufficient evidence for firearms conspiracy where folks seemed to be in the know about things - remand for sentencing as wrong standard of proof was applied for conspiracy sentencing bump.

Sufficient evidence for firearms sale charge where prior to acting as intermediary, deft clearly indicates that something big is going down, and later seems to be in the know.

Where statute refers to firearms dealer, sufficient evidence for conviction where deft knew putative dealer had guns on hand.  


Conspiracy-to-broker statute is not unconstitutionally vague with respect to a deft who was clearly brokerin' stuff.


Remand for resentencing, as conspiracy sentencing bumps not contemplated in the base level offense schedule need to be proved with reasonable certainty, not preponderance of the evidence.