United States Ninth Circuit

Conviction and sentencing of defendant for being a felon in possession of a firearm, 18 U.S.C. section 922(g)(1), is upheld because: 1) sufficient evidence supported mens rea element of charge; 2) reasonable inferences drawn from trial evidence by prosecutor and summation comments that defendant lied does not give way to misconduct; 3) district court properly refused to give a mere presence jury instruction; 4) the district court properly calculated the sentence; and 5) the sentence was not substantively unreasonable.

Appellate Information

• Decided 04/15/2011
• Published 04/15/2011

Judges

• CALLAHAN

Court

• United States Ninth Circuit

Counsel