9th Cir.;
14-50214

The court of appeals reversed a judgment of conviction and remanded for new trial. The court held that an overly broad jury instruction improperly permitted the jury to convict defendant based not on completed acts, but on his alleged intent to commit future crimes.

In 2008, Lucio Hernandez and his wife moved from California to Arizona. In 2010, they relocated first to Idaho, and then back to California. Hernandez maintained his Arizona driver's license, but bought and registered a used car in California and applied for a California driver's license. On a 2011 trip to Arizona, Hernandez purchased several guns from a licensed firearms dealer at a gun show. Law enforcement officers later recovered two of those guns in California. Hernandez was tried before a jury and convicted of illegally transporting guns into his home state.