United States v. Massey, No. 16-40041 (5th Cir. 2017)Annotate this Case
Defendant was convicted of possession of a firearm by a convicted felon. On appeal, defendant argued that the evidence was insufficient to convict him of violating 18 U.S.C. 922(g). The court concluded that defendant's indictment was not constructively amended because the language of his indictment mirrored that of the statute of conviction; the government was not required to prove the legality, under Texas law, of defendant's possession of the firearms, because that was irrelevant to his conviction under Section 922(g); and the district court was not required to address whether defendant's rights had been restored in Texas such that he would be permitted to possess a firearm. Accordingly, the court affirmed the judgment.