United States v. Johnny Williams

MEMORANDUM

On March 11, 2010, a jury convicted defendant-appellant Johnny M. Williams (“Williams”) of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). The district court (White, J.) imposed a sentence of 120 months’ imprisonment. Williams now appeals his conviction, contending that the district court erred by: (1) failing to sua sponte instruct the jury on the defense of justification; (2) repeating the Ninth Circuit’s model jury instructions in response to jury questions; (3) instructing the jury that Williams was impeachable with a prior felony conviction; (4) maintaining the jury as constituted following the Government’s errant use of an alternate peremptory strike against a seated juror; and (5) allegedly violating the provisions of the Speedy Trial Act. We affirm the district court in all respects.

Taking these issues in turn, the Court first considers Williams’s argument that the district court erred by failing to sua sponte instruct the jury on a justification defense after his trial counsel affirmatively disavowed any intention to rely upon such a defense before the trial began. Where a defendant fails to properly object to a jury…