United States Eighth Circuit

Conviction and sentence for firearms possession and drug crimes is affirmed where: 1) the district court did not err in instructing the jury in the disjunctive as proof of possession of either firearms or ammunition was sufficient to support a conviction under 18 U.S.C. sec. 922(g)(1); 2) evidence was sufficient to prove defendant used, carried and brandished a firearm in connection with a drug transaction; and 3) district court did not err in overruling defendant's objection to the prosecutor's rebuttal during closing argument as the remarks did not constitute an improper comment on defendant's decision not to testify and did not improperly shift the burden of proof.

Appellate Information

• Decided 04/06/2009
• Published 04/06/2009

Judges

• BOWMAN, Circuit Judge., Before COLLOTON, BOWMAN, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David E. Woods, O'Fallon, MO, argued, for appellant.


• For Appellees:
  
• Brent B. Venneman, Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., Philip M. Koppe, Asst. U.S. Atty., on the brief), for appellee.