United States v. Mark Jenkins, Jr.

MEMORANDUM

Jenkins was convicted of being a felon in possession of a firearm under of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

A defendant has a right to have a jury determine, beyond a reasonable doubt, that he is guilty of every element of the crime with which he is charged. United States v. Gaudin, 515 U.S. 506, 522-23 , 115 S.Ct. 2310 , 132 L.Ed.2d 444 (1995). Jenkins pled no contest in May 2004 when he was charged under California Health and Safety Code Section 11351.5, a felony, and the government argued at trial that this plea satisfied the felony-conviction element of 18 U.S.C. Section 922 (g)(1). In accordance with the Ninth Circuit’s Model Jury Instructions for a Section 922(g)(1) case, the district court instructed the jury that the government had to prove each of Section 922(g)(l)’s three elements beyond a reasonable doubt and then informed the jury that California Health and Safety Code Section 11351.5 is a felony. Because no reasonable juror could have interpreted these instructions as requiring him to find that Jenkins had in fact been convicted under California Health and Safety Code Section 11351.5, the instructions…