United States v. James Robert Hernandez

Opinion by Judge T.G. NELSON.

I.

OVERVIEW

James Robert Hernandez (Hernandez) appeals his conviction under 18 U.S.C. § 922 (g)(1) for being a felon in possession of a firearm. He makes several arguments on appeal including that the district court erred by denying his motion to suppress; that it abused its discretion by allowing the jury a transcript of a witness’s testimony during deliberation; and that there was insufficient evidence to convict him because his stipulation to a prior felony was not sufficient. We hold that the district court did not err in denying Hernandez’s motion to suppress evidence and that the stipulation to his prior felony conviction was sufficient to fulfill an element of § 922(g)(1). However, we reverse on the grounds that the district court abused its discretion by allowing the jury to have a transcript in the jury room during deliberation without taking adequate precautions to avoid undue emphasis.

II.

FACTS AND PROCEDURAL HISTORY

Hernandez was indicted by a federal grand jury on one count of being a felon in possession of a firearm with an armed career criminal enhancement in violation of 18 U.S.C. §§ 922 (g)(1) and 924(e)(1).

On February…