United States First Circuit

Conviction for possession of ammunition by a felon is affirmed over defendant's arguments that: 1) there was neither probable cause for his arrest nor reasonable suspicion for his detention; 2) the court did not adequately explain to the jury the concept of constructive possession as applied to the case; 3) the court's instruction to the jury regarding the significance of his indictment was erroneous; and 4) the indictment submitted to the jury was prejudicial because it included an alias.

Appellate Information

• Decided 07/12/2007
• Published 07/12/2007

Judges

• HOWARD, Circuit Judge., Before LYNCH, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Roger Witkin, for appellant.


• For Appellees:
  
• Paul R. Moore, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, and Cynthia A. Young, Assistant United States Attorney, were on brief, for appellee.