United States Tenth Circuit

A firearm possession conviction is affirmed where 1) an incident report containing a discrepancy was properly admitted, 2) instruction on discrepancies between reports did not emphasize innocent error, and 3) jury instruction on firearm possession did not presuppose possession.

Appellate Information

• Decided 07/30/2002
• Published 07/30/2002

Judges

• Before HENRY and McKAY, Circuit Judges, and BROWN, Senior District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Barry L. Derryberry, Research and Writing Specialist (Jack Schisler, Assistant Public Defender, with him on the briefs), Office of the Federal Public Defender, Tulsa, Oklahoma, for Defendant-Appellant., Timothy L. Faerber, Assistant United States Attorney (David E. O'Meilia, United States Attorney, with him on the brief), Northern District of Oklahoma, Tulsa, Oklahoma, for Plaintiff-Appellee.