United States Tenth Circuit

A conviction and sentence for being a felon in possession of a firearm, and an armed career criminal in possession of a firearm and ammunition, is affirmed where the district court did not err in denying a justification instruction because: 1) defendant's evidence was insufficient to permit the jury to reasonably find the required continuing urgent danger; and 2) defendant also failed to show he had no reasonable, legal alternatives to possessing the gun.

Appellate Information

• Decided 05/07/2007
• Published 05/08/2007

Judges

• O'BRIEN, Circuit Judge., Before O'BRIEN, SEYMOUR and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Douglas Edward Snow, Assistant United States Attorney (David E. O'Meilia, United States Attorney, and Kevin Danielson, Assistant United States Attorney, on the briefs) Tulsa, OK, for Plaintiff-Appellee., Robert A. Ridenour, Assistant Federal Public Defender (Paul D. Brunton, Federal Public Defender, on the briefs), Tulsa, OK, for Defendant-Appellant.