United States Tenth Circuit

Defendant's conviction for being a felon in possession of a firearm is affirmed over claims that the district court: 1) erred in refusing to grant a motion to suppress evidence; 2) abused its discretion by admitting evidence of a prior conviction under Federal Rule of Evidence 404(b); and 3) erred by failing to instruct the jury on his theory of defense.

Appellate Information

• Decided 09/25/2007
• Published 09/26/2007

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, BRISCOE, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Dennis J. Candelaria, Assistant Federal Public Defender, Office of the Federal Public Defender for the District of New Mexico, Las Cruces, NM, appearing for Defendant-Appellant., Terri J. Abernathy, Assistant United States Attorney (David C. Iglesias, United States Attorney, with her on the brief), Office of the United States Attorney for the District of New Mexico, Las Cruces, NM, appearing for Plaintiff-Appellee.