Wiley

MEMORANDUM **

Defendant-appellant Keith Eric Wiley appeals from his conviction by jury verdict for being a felon-in-possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). Wiley argues that there was insufficient evidence to support the conviction and that the trial court erred when it refused to give the jury a “missing witness” instruction that Wiley requested. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part and remand in part.

As the facts are familiar to the parties, we do not recite them here except as necessary to understand our disposition. Wiley argues that there was insufficient evidence to support his conviction. 1 The felon-in-possession offense requires proof of three elements: (1) that the defendant was a convicted felon; (2) that the defendant knowingly possessed a firearm; and (3) that the firearm was in or affecting interstate commerce. United States v. Beasley, 346 F.3d 930, 933-34 (9th Cir.2003).

Wiley contends that no rational trier of fact could have found beyond a reasonable doubt that Wiley knowingly possessed a firearm. 2 A person may possess a firearm actually or constructively. United States v. Carrasco, 257 F.3d 1045, 1049…