United States Eighth Circuit

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US v. Byers, 09-1917

Defendant's firearm possession conviction is affirmed where: 1) the characteristics of the ammunition and the magazine provided the jury with the context in which this crime occurred, and the information was thus relevant and the prosecutor was not guilty of misconduct in presenting it to the jury; and 2) police observation of defendant's brief possession of a firearm was sufficient to support a conviction.

Appellate Information

  • Submitted 01/11/2010
  • Decided 04/28/2010
  • Published 04/28/2010


  • WOLLMAN, Circuit Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON, and WOLLMAN, Circuit Judges.


  • United States Eighth Circuit


  • For Appellant:
  • Nancy McCarthy, AFPD, argued, St. Louis, MO, for Appellant.

  • For Appellees:
  • Thomas S. Rea, AUSA, argued, St. Louis, MO, for Appellee.