United States Fourth Circuit

Defendant's conviction for being a felon in possession of a firearm is affirmed over his claim that the jury instructions were misleading since they did not adequately explain that intent to possess is an element of the crime when the government proceeds under a constructive possession theory.

Appellate Information

• Argued 05/26/2005
• Decided 09/20/2005
• Published 09/20/2005

Judges

• Before MICHAEL, MOTZ, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Brian Joseph Kornbrath, Federal Public Defender, Office of the Federal Public Defender, Clarksburg, West Virginia, for Appellant.   Thomas Edward Johnston, United States Attorney, Office of the United States Attorney, Wheeling, West Virginia, for Appellee.   ON BRIEF:  Robert H. McWilliams, Jr., Assistant United States Attorney, Wheeling, West Virginia, for Appellee.