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.
191516P.pdf 07/15/2020 United States v. Lamont Owens
U.S. Court of Appeals Case No: 19-1516
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Stras, Circuit
Judges]
Criminal case - Criminal law and sentencing. Argument that the jury did
not represent a fair cross-section of the community rejected as defendant
did not make a prima facie showing of systematic exclusion; challenge to
jury instructions on reasonable doubt rejected; the court did not err in
rejecting defendant's proposed instruction on burden of proof; defendant's
Rehaif claim rejected as there was ample evidence that defendant, who had
served twenty-two years in prison for murder and other felonies, was aware
of his status as a person convicted of an offense punishable by more than
a year in prison, and any Rehaif error was not plain and did not warrant
relief; the district court did not err in giving a supplemental
instruction defining trafficking in response to a jury question;
convictions for possession of firearms in furtherance of a drug
trafficking and for possession of a firearm by a felon were supported by
sufficient evidence; no error in applying a two-level enhancement under
Guidelines Sec. 2D1.1(b)(12) for maintaining a drug premises; sentence was
not substantively unreasonable.