Adamiak must be resentenced, the appellate judges ordered.
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by issued its opinion Tuesday of Patrick “Tate” Adamiak’s appeal, which was presented in court last month.
The judges’ verdict was mixed. They agreed that one of his convictions violated the Double Jeopardy Clause of the Fifth Amendment. But as to Adamiak’s other legal concerns, the judges wrote: “we discern no other reversible error.”
“A jury found Defendant Patrick Tate Adamiak guilty of receiving and possessing an unregistered firearm, possessing and transferring a machinegun, and three counts of receiving and possessing an unregistered destructive device. The district court sentenced him to twenty years’ imprisonment. On appeal, Adamiak contends that at least one of his convictions violated the Double Jeopardy Clause of the Fifth Amendment. He further objects to the adequacy of the indictment under which he was charged, the sufficiency of the evidence against him, the district court’s jury instructions, and his sentence. Finally, Adamiak argues that his convictions violate the Second Amendment and that the statutes under which he was convicted are unconstitutionally vague. Only his Double Jeopardy argument succeeds. Having thoroughly reviewed the record and carefully considered the briefs, arguments, and materials provided by the parties, we discern no other reversible error,” the appellate judges wrote.
The only issue the appellate court agreed with was that Adamiak had been sentenced for both possessing and receiving an unregistered firearm and then for possessing and transferring the same firearm, which violated the Double Jeopardy Clause.
“Adamiak contends, and the Government concedes, that his convictions and consecutive sentences on Counts One and Two of the indictment, for possessing or receiving an unregistered firearm in violation of 18 U.S.C. § 5861(d) and possessing or transferring a machinegun in violation of 18 U.S.C. § 922(o), violate the Double Jeopardy Clause,” the appeal states.
The appellate court ordered that Adamiak should be resentenced.
“We therefore remand with instructions to vacate Adamiak’s conviction under either Count One or Count Two, and to resentence Adamiak in a manner consistent with this opinion,” they concluded.
Contacted Tuesday, Adamiak was less than pleased.
“I am disappointed in the decision, but I look forward to returning to court,” Adamiak said Tuesday from a federal prison in New Jersey.
Anyone with even a small amount of firearm knowledge will also be disappointed. The appellate court took no action about the false evidence that was presented by ATF Firearms Enforcement Officer Jeffrey Bodell.
Bodell is a former gun dealer who went to work for the ATF for reasons unknown. His official report and testimony were thick with false and misleading claims, Adamiak, his attorneys and many others have said.
Bodell actually turned toys into firearms, legal RPGs into destructive devices and 100% legal semi-autos into machineguns. All of what Bodell insisted were illegal items are still sold legally online: Inert RPGs, toy STENs, submachinegun receivers and especially open-bolt semi-autos.
During the resentencing hearing, Adamiak and his attorneys may have the opportunity to present additional evidence, even about Bodell’s testimony. They may also get to challenge the sentencing enhancements, but it is not yet known by how much his 20-year federal prison sentence will be reduced.
Adamiak, who is 31, has been in prison for nearly three years.
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