United States Tenth Circuit

Defendant's firearm possession conviction is affirmed where: 1) the district court did not err in denying defendant's motion to dismiss the indictment under the Interstate Agreement on Detainers (IAD) because the Supreme Court had specifically required actual delivery of a request under the IAD to both the prosecutor and the court, and refused to carve a "fairness" exception to the express language of the IAD in cases in which a third party had negligently or maliciously prevented delivery from occurring; 2) the evidence, at best, would support a favorable finding as to only the first element of a fleeting possession defense; and 3) even without the transcript of defendant's prior testimony, the jury had sufficient evidence to find that defendant at the very least constructively possessed the firearms.

Appellate Information

• Decided 02/23/2010
• Published 02/23/2010

Judges

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

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Brent I. Anderson, Assistant United States Attorney (Lanny D. Welch, United States Attorney, with him on the brief), Office of the United States Attorney for the District of Kansas, Wichita, KS, appearing for Appellee.