United States Ninth Circuit

District court's instruction on unlawful firearm possession was fatally ambiguous. Jury could have concluded that they were required to decide unanimously only that possession occurred during any of the three times enumerated, not that they had to unanimously agree on which one.

Appellate Information

• Decided 12/29/2003
• Published 12/29/2003

Judges

• BEEZER, Circuit Judge:, Before BEEZER and FISHER, Circuit Judges, and ENGLAND, JR. District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Fredric F. Kay, Federal Public Defender, and Michael D. Gordon, Assistant Federal Public Defender, Phoenix, AZ, for the Defendant-Appellant., Paul K. Charlton, United States Attorney, Michael T. Morrissey and Joan G. Ruffennach, Assistant United States Attorneys, Phoenix, AZ, for the Plaintiff-Appellee.