United States Tenth Circuit

A conviction for possession of a stolen firearm is affirmed where: 1) instructional error regarding constructive possession was harmless to defendant, as the evidence of at least constructive possession was overwhelming; 2) the trial court did not err by refusing to instruct on proposed necessity and fleeting/transitory possession defenses; and 3) there was no error in the exclusion of certain evidence.

Appellate Information

• Decided 07/18/2006
• Published 07/18/2006

Judges

• O'BRIEN, Circuit Judge., Before BRISCOE, O'BRIEN, Circuit Judges, and HEATON, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Michael S. Lee, Assistant United States Attorney (Paul M. Warner, United States Attorney on the briefs) Salt Lake City, UT, for Plaintiff-Appellee., Scott Keith Wilson, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender on the briefs), Salt Lake City, UT, for Defendant-Appellant.