United States Fifth Circuit

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US v. Broadnax, 08-10494

Defendant's conviction for being a felon in possession of a firearm is affirmed where: 1) no constructive amendment of the indictment occurred because neither the evidence at trial nor the jury instructions implied that defendant could be convicted of anything other than being a felon in possession of a firearm that had been in and affecting interstate commerce in violation of 18 U.S.C. section 922(g)(1); and 2) where a defendant's stipulation to a prior felony offense uses the very language of the statute that defines that element of the offense, he has stipulated that the element is satisfied as a matter of fact and law.

Appellate Information

  • Decided 01/27/2010
  • Published 01/27/2010

Judges

  • EMILIO M. GARZA, Circuit Judge:, Before JONES, Chief Judge, and GARZA and STEWART, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel