United States Eighth Circuit

A conviction for possessing a firearm as a felon is affirmed where the evidence did not support defendant's proposed "mere presence" instruction, and the district court did not abuse its discretion in refusing to give it. Further, even if the evidence would have supported the giving of the instruction, it was not an abuse of discretion to refuse it as the other instructions adequately covered the substance of the mere presence instruction.

Appellate Information

• Decided 03/14/2007
• Published 03/14/2007

Judges

• MELLOY, Circuit Judge., Before WOLLMAN, BEAM, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David R. Mercer, Asst. Fed. Public Defender, Springfield, MO, argued (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO, on the brief), for appellant.


• For Appellees:
  
• Rose A. Barber, Asst. U.S. Atty., Springfield, MO, argued (Bradley J. Schlozman, U.S. Atty., Kansas City, MO, Richard E. Monroe, Asst. U.S. Atty., Springfield, MO, on the brief), for appellee.