United States Tenth Circuit

A conviction for possessing an unregistered firearm, being a felon in possession of a firearm, and illegal possession of ammunition is affirmed over claims that: 1) there was insufficient evidence to support his conviction on the unregistered firearm count; 2) the district court abused its discretion by refusing to give a clarifying instruction regarding the "knowledge" element of the unregistered firearm count; 3) the district court erred in denying a motion to suppress the ammunition; and 4) the district court abused its discretion by refusing to sever the ammunition charge from the gun charges.

Appellate Information

• Decided 08/04/2008
• Published 08/05/2008

Judges

• TACHA, Circuit Judge., Before TACHA, BRISCOE, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Madeline S. Cohen, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with her on the briefs), Office of the Federal Public Defender for the District of Colorado, Denver, CO, appearing for Appellant.


• For Appellees:
  
• John M. Hutchins, Assistant United States Attorney (Troy A. Eid, United States Attorney, Philip Brimmer, and Habib Nasrullah, Assistant United States Attorneys, with him on the brief), Office of the United States Attorney for the District of Colorado, Denver, CO, appearing for Appellee.