United States Eighth Circuit

Defendant's conviction and sentence for being a felon in possession of a firearm are affirmed where: 1) there was no evidence suggesting any adverse rulings were motivated by bias on the part of the court; 2) the district court did not omit a definition of "knowingly" in its instructions; 3) defendant placed his knowledge of the firearm's presence at the scene on his person at issue by pleading not guilty to the crime and requiring the government to prove his guilt beyond a reasonable doubt; and 4) defendant's attempt to save his claim of sentencing error by characterizing it as a due process violation was unavailing because his failure to object obviated any argument he could make that the information in the presentence report was inaccurate.

Appellate Information

• Decided 05/26/2010
• Published 05/26/2010

Judges

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

Court

• United States Eighth Circuit

Counsel