United States Tenth Circuit

The government is at liberty to inform jurors of a stipulation to elemental facts via jury instruction, so long as the instruction is clear and accurately reports the facts admitted by the defendant. A conviction for possessing firearms during and in relation to a drug-trafficking crime is affirmed over defendant's claim that the government failed to present sufficient evidence for the jury to conclude that five weapons charged in the indictment were in fact "firearms" under 18 U.S.C. section 921(a)(3).

Appellate Information

• Decided 12/20/2006
• Published 12/21/2006

Judges

• McCONNELL, Circuit Judge., Before MURPHY, SEYMOUR, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Submitted on the briefs:   Robin D. Fowler of Bath & Edmonds, P.A., Overland Park, Kansas, for Defendant-Appellant., Eric F. Melgren, United States Attorney, and Tristram W. Hunt, Assistant United States Attorney, Kansas City, Kansas, for Plaintiff-Appellee.