United States Tenth Circuit

Two defendants convictions for possessing a firearm after former felony conviction are affirmed as to one, but reversed as to the other where that defendant's conviction was not supported by the evidence since, even assuming that the defendant's mere presence in a pickup with four other passengers established proximity, the government failed to show that he had knowledge of or dominion or control over an Uzi found on the side of a road, as opposed to the two passengers in the back of the pickup.

Appellate Information

• Decided 01/09/2009
• Published 01/12/2009

Judges

• SEYMOUR, Circuit Judge., Before, TACHA, HOLLOWAY, and SEYMOUR, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• 08-7026, U.S. v. Ferrell, Submitted on Oral Argument and 08-7021, U.S. v. Hooks, Submitted on the Briefs:


• For Appellees:
  
• Robert Ridenour, Assistant Federal Public Defender (Julia L. O'Connell, Federal Public Defender, and Barry L. Derryberry, Research and Writing Specialist, with him on the briefs), Office of the Federal Public Defender, Northern and Eastern Districts of Oklahoma, Tulsa, OK, for Defendant-Appellant Ferrell., Roger Hilfiger, Muskogee, OK, on the briefs for Defendant-Appellant Hooks., Rob Wallace, Assistant United States Attorney (Sheldon J. Sperling, United States Attorney, with him on the briefs), Muskogee, OK, for Plaintiff-Appellee.