DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
182806P.pdf 10/09/2020 United States v. James Everett, Jr.
U.S. Court of Appeals Case No: 18-2806
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Loken, Author, with Arnold and Grasz, Circuit Judges]
Criminal case - Criminal law. The district court did not err in concluding
defendant's firearm was discovered pursuant to a valid inventory search
prior to his vehicle being towed and was, therefore, admissible; no error
in admitting recordings of defendant's jailhouse phone calls as admission
of the recordings was not unfairly prejudicial; evidence as sufficient to
convict defendant of threatening a federal law enforcement officer,
forcibly resisting a federal law enforcement officer and being a felon in
possession of a firearm; while failure to give a jury instruction
requiring the jury to find defendant knew he was a felon was clear error
under Rehaif, defendant could not show that his substantial rights were
affected - see U.S. v. Hollinshead, 940 F.3d 410,415 (8th Cir. 2019),
cert. denied, 140 S.Ct. 2545 (2020).