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-Yuri
"A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed."
FAYETTEVILLE -- A Washington County man convicted of having illegal machine guns won't be allowed out of jail while his conviction and sentencing are on appeal, a judge ruled Friday.
Hollis Wayne Fincher, 61, was convicted in U.S. District Court in January on a count of possessing a machine gun and possessing an unregistered firearm.
U.S. District Judge Jimm Hendren sentenced Fincher, opting to impose the minimum recommended sentence according to federal sentencing guidelines, which set his imprisonment at between 78 and 97 months. Hendren also put Fincher on two years' probation once he leaves prison and required him to pay the government $1,000.
Fincher filed motions Monday asking that he be allowed to post bail and remain free pending the conclusion of his appeal or at least to allow him out until he is scheduled to report to a federal prison.
Hendren on Friday denied the motion to remain free while the appeal runs. Fincher is being allowed to remain free on $100,000 bond until he reports to federal prison July 24.
Hendren said federal law is aimed at not allowing convicted persons to remain at large while pursuing their appeals. The judge said he doesn't think Fincher is a flight risk, but he also doesn't think Fincher has a substantial chance of winning on the points he plans to raise on appeal.
Specifically, Fincher thinks he was improperly given more prison time based on the number of guns seized by police that were "attributable" to him. The government said there were 45 while Fincher contends the number should have been much lower. Fincher also challenges whether the guns were "illegally possessed" or not.
A second issue planned on appeal is whether Fincher should have been given more prison time for being an organizer or leader of a criminal activity that involved more than five people. Fincher claims that was never proven at trial.
Fincher also intends to raise Second Amendment issues his attorney said could go to the heart of his conviction and require its reversal.
Fincher had two .308-caliber machine guns, homemade versions of the Browning model 1919. The other firearms were 9mm STEN design submachine guns and the shotgun.
Fincher never denied he had the guns.
The defense tried to make a case of the Constitution versus gun laws; the government kept the case more simple, arguing Fincher had the machine guns and they weren't registered as required by federal law.
Fincher didn't testify before the jury. The judge ruled after hearing testimony with the jury out of the room that Fincher's proposed testimony was inadmissible because it was aimed at challenging the legality of federal gun laws, not whether Fincher had illegal, unregistered firearms in his possession.
Thanks to The War on Guns for the update!
Matthew J. Marren, 22, of Walnut Avenue, drove to a home on Windsor Lane rented by Senior Airman Jonathan Schrieken, 22, at about 5:30 p.m. Wednesday. Marren got of this vehicle, found Schrieken outside the house, shot him once in the chest with a small-caliber firearm, then turned the gun on himself, said Burlington County First Assistant Prosecutor Ray Milavsky.
Marren was pronounced dead at Lourdes Medical Center of Burlington County in Willingboro later Wednesday night.
Schrieken was taken to Cooper University Hospital in Camden where was listed in critical but stable condition yesterday afternoon, Milavsky said.
Schrieken is stationed at McGuire Force Base. He works as a loadmaster for the 6th Airlift Squadron.
Marren’s aunt, Terina Henderson of Trion, Ga., said she spoke to Marren’s mother yesterday who told her Marren left two notes, one in his home and one in his car, indicating he was upset with the government.
She said she did not know the exact wording in the notes, but said Marren was “mad at the government and wanted to make a statement … that’s why he did what he did on the Fourth of July.”
She did not know if Marren knew Schrieken or whether Marren shot him because he was affiliated with the military.
The circumstances and motive for the shooting were under investigation, Milavsky said yesterday. He confirmed the existence of two suicide notes, but declined to discuss the contents due to the ongoing investigation.
“I can confirm that two notes were left and that they were indicative of an individual suffering from mental-health problems,” he said.
Henderson said Marren formerly lived in Willingboro, but she did not know if he graduated from high school there.
“He had some problems with the law in the past, but I thought he had turned himself around,” Henderson said, adding she last saw him in November.
She said Marren’s mother resides in Moorestown.
An autopsy yesterday confirmed Marren’s death resulted from a self-inflicted gunshot wound.
Milavsky described Marren as “emotionally troubled.” He said detectives have not determined why Schrieken was shot or whether the two men knew each other.
“We’re looking at the motivations, but have not established a connection between the two men,” Milavsky said.
Other persons were present at the home at the time of the shooting.
They were not injured, Milavsky said.
A spokeswoman for McGuire Air Force Base was not able to provide information on Schrieken yesterday afternoon.
She said Marren was “in no way affiliated with the military.”
A resident of a home near the site of the shooting said Schrieken lives with several other men at the ranch-style home where the shooting took place.
“They’re all good boys,” said the neighbor, who declined to be named. “They leave for work early in the morning and then come home late in the evening. I’ve never known there to be any problems with them.”
Col. Harold Rice, commander of the 305th Operations Group, thanked Willingboro police and paramedics for their quick response to the incident.
“During this difficult time, our thoughts and prayers go out to Airman Schrieken. We wish him a speedy recovery,” Rice said in a statement.
The research, commissioned by the Countryside Alliance's Campaign for Shooting, has concluded that existing laws are targeting legitimate users of firearms rather than criminals.
The ban on ownership of handguns was introduced in 1997 as a result of the Dunblane massacre, when Thomas Hamilton opened fire at a primary school leaving 16 children and their teacher dead.
![]() Existing gun laws do not lead to crime reduction and a safer place ![]() |
David Bredin Campaign for Shooting |
The Centre for Defence Studies at Kings College in London, which carried out the research, said the number of crimes in which a handgun was reported increased from 2,648 in 1997/98 to 3,685 in 1999/2000.
It also said there was no link between high levels of gun crime and areas where there were still high levels of lawful gun possession.
Of the 20 police areas with the lowest number of legally held firearms, 10 had an above average level of gun crime.
And of the 20 police areas with the highest levels of legally held guns only two had armed crime levels above the average.
Smuggling
The campaign's director, David Bredin, said: "It is crystal clear from the research that the existing gun laws do not lead to crime reduction and a safer place.
"Policy makers have targeted the legitimate sporting and farming communities with ever-tighter laws but the research clearly demonstrates that it is illegal guns which are the real threat to public safety."
He said the rise was largely down to successful smuggling of illegal guns into the country.
Weapons have even been disguised as key rings no larger than a matchbox to get them in, he said.
Other sources of guns include battlefield trophies brought back by soldiers, the illegal conversion of replica firearms including blank firing pistols and the reactivation of weapons which had been deactivated.
Ammunition
Examples of illegally manufactured guns include screwdrivers being adapted to fire off one round, he said.
The Metropolitan Police said its official figures showed a 20% drop in armed robberies of commercial premises between April and July this year, compared with the same period last year.
A Scotland Yard spokesman said that, since April 2001, the Flying Squad has arrested 39 people in connection with 34 armed incidents and seized 52 weapons.
Operation Trident, which investigates "black on black" shootings in the UK, has made more than 300 arrests, recovered 100 firearms and 1,500 rounds of ammunition since it was established a year ago.
The Home Office said measures were being taken to tackle handgun crime, including an intensified effort against illegally smuggled weapons.