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151107P.pdf   11/18/2015  United States  v.  Michael Heath Thetford
   U.S. Court of Appeals Case No:  15-1107
   U.S. District Court for the District of South Dakota - Pierre   
[PUBLISHED] [Murphy, Author, with Loken and Colloton, Circuit Judges] Criminal case - Criminal law. The district court did not err in giving the Eighth Circuit Model Jury Instruction on felon in possession of a firearm and this court's recent decision in No. 15-1480 U.S. v. Garcia-Hernandez precludes defendant's argument that the instruction was defective because it failed to include language adding an additional mens rea element requiring the government to prove that defendant possessed the firearm knowing it had traveled in or affected interstate commerce; no error in admitting the plea agreements and judgments from defendant's related Alabama federal district court cases as the documents contained multiple statements in which defendant implicated his guilt in these crimes; evidentiary arguments rejected as any error was harmless in light of the overwhelming evidence against defendant.