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.
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.