Anderson

United States v. Anderson

Good Law
225 F. App'x 705
United States Court of Appeals for the Ninth CircuitMarch 22, 2007No. 06-10347California265 words

Opinion

Lead Opinion

MEMORANDUM *

Justin Anderson (“Anderson”) appeals his conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g). We affirm.

The district court did not commit reversible error in its response to the second question posed by the jury. A district court possesses wide discretion in how it responds to a jury question and a reference to the original instructions, while not always the best course of action, is within the bounds of this discretion. Arizona v. Johnson, 351 F.3d 988, 993-98 (9th Cir. 2003). Here, the district court encouraged the jury to review all the instructions before it, which included an instruction correctly answering the second question.

Sufficient evidence existed to support the conviction. In reviewing the sufficiency of the evidence, the “test is whether the evidence and all reasonable inferences which may be drawn from it, when viewed in the light most favorable to the government, sustain the verdict.” United States v. Terry, 911 F.2d 272, 278 (9th Cir.1990) (quoting United States v. Soto, 779 F.2d 558, 560 (9th Cir.1986)). The jury heard evidence that Anderson picked up the firearm and held it in his hand. This evidence was…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.