DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
054174P.pdf 04/24/2006 USA v. Jairo Montgomery
U.S. Court of Appeals Case No: 05-4174
Eastern District of Arkansas
[PUBLISHED] [Murphy, Author, with Melloy and Gruender, Circuit Judges]
Criminal case - criminal law. Evidence was sufficient to support
conspiracy conviction in connection with the illegal purchase of a
firearm;; conspiracy instruction adequately set out the elements of the
offense; defendant failed to establish the elements of innocent or
transitory possession and was not entitled to an instruction on the
defense; ATF agent's comments on defendant's exercise of his right to
remain silent were harmless.