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.
083523P.pdf 09/01/2009 United States v. James Dooley
U.S. Court of Appeals Case No: 08-3523
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Wollman, Author, with Melloy and Gruender, Circuit Judges]
Criminal case - criminal law. District court did not err in denying
defendant's motion to dismiss under the Interstate Agreement on
Detainers Act as defendant failed to clearly state in his detainer form that
he was invoking his rights under the Act; the jury instruction on
constructive possession of a firearm confused the jury about the element
of knowledge, and the ambiguity in the instruction requires reversal and a
new trial.