United States Tenth Circuit

A conviction and sentence for being a felon in possession of a firearm is affirmed over defendant's challenges to: 1) the sufficiency of the evidence linking him to the firearm; 2) the adequacy of a jury instruction concerning constructive possession; and 3) a denial of a motion for mistrial based on the introduction of certain statements linking him to a bayonet.

Appellate Information

• Decided 03/01/2007
• Published 03/02/2007

Judges

• PAUL KELLY, JR., Circuit Judge., Before KELLY, ALARCÓN, and HENRY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Trina A. Higgins, Assistant United States Attorney (and Brett L. Tolman, United States Attorney, on the brief), Salt Lake City, UT, for Plaintiff-Appellee., Kent R. Hart (and Steven B. Killpack, Federal Defender, Utah Federal Public Defender's Office, on the brief), Salt Lake City, UT, for Defendant-Appellant.