Lin B P Vnguyen Assignment 1
1)Is this a criminal or civil case?
This is a criminal case
2)Who appealed from the trial court’s ruling, the plaintiff or the defendant?
The defendant appealed from the trial court's ruling
3)Did the court of appeal agree (uphold or affirm) the trial court’s ruling or did the court of appeal disagree (overturn or remand) the trial court’s ruling?
The Court of appeal agree the trial court's ruling.
4)What was Nguyen was convicted of at the trial court level? (page 2 of the opinion)
He was convicted of attempted unlawful assault weapon activity and attempted possession of an assault weapon
5)What charges did Mr. Nguyen plead guilty to at the trial court level? (page 4 of the opinion, “charges”)
He entered a guilty plea as to the third and fourth counts. possession of a firearm by a convicted felon and unlawful possession of ammunition by a person.
6)The assault weapons control act is a major consideration in this case, in what year was this law enacted?
1989
7)Does the court of appeal find that it is important that Mr. Nguyen could have built the illegal ak47 weapon, even if he was not able to use it the time of his arrest? (pages 13 – 16)
Yes,the court of appeal find that it is important that Mr.Nguyen could have built the illegal ak47 weapon.
8)Did the court find that there were sufficient parts and instructions available to conclude that the defendant did, in fact, possess an illegal weapon?
Yes,the court find that there were sufficient parts and instructions available to conclude the case.
9)What were the “common understandings and practices” which the court references at page 18 of the opinion?
Common understandings and practices were that an AK-47 kit could be assembled into an assault weapon.
10)Do you personally believe that when a person has the parts to assemble a forbidden assault weapon, along with the instructions to assemble the weapon, and reveals his intent to construct the weapon, that they are guilty of actually possessing the
This is a criminal case
2)Who appealed from the trial court’s ruling, the plaintiff or the defendant?
The defendant appealed from the trial court's ruling
3)Did the court of appeal agree (uphold or affirm) the trial court’s ruling or did the court of appeal disagree (overturn or remand) the trial court’s ruling?
The Court of appeal agree the trial court's ruling.
4)What was Nguyen was convicted of at the trial court level? (page 2 of the opinion)
He was convicted of attempted unlawful assault weapon activity and attempted possession of an assault weapon
5)What charges did Mr. Nguyen plead guilty to at the trial court level? (page 4 of the opinion, “charges”)
He entered a guilty plea as to the third and fourth counts. possession of a firearm by a convicted felon and unlawful possession of ammunition by a person.
6)The assault weapons control act is a major consideration in this case, in what year was this law enacted?
1989
7)Does the court of appeal find that it is important that Mr. Nguyen could have built the illegal ak47 weapon, even if he was not able to use it the time of his arrest? (pages 13 – 16)
Yes,the court of appeal find that it is important that Mr.Nguyen could have built the illegal ak47 weapon.
8)Did the court find that there were sufficient parts and instructions available to conclude that the defendant did, in fact, possess an illegal weapon?
Yes,the court find that there were sufficient parts and instructions available to conclude the case.
9)What were the “common understandings and practices” which the court references at page 18 of the opinion?
Common understandings and practices were that an AK-47 kit could be assembled into an assault weapon.
10)Do you personally believe that when a person has the parts to assemble a forbidden assault weapon, along with the instructions to assemble the weapon, and reveals his intent to construct the weapon, that they are guilty of actually possessing the