United States v. Hill, No. 15-3350 (8th Cir. 2016)
Annotate this CaseDefendant appealed his conviction for being a felon in possession of ammunition and the district court's denial of his renewed motion for acquittal. The court concluded that the government did not constructively amend the indictment where the evidence presented at trial did not create a “substantial likelihood” that defendant was convicted of an uncharged offense because the individual components of ammunition were necessarily included in the indictment language; the evidence was sufficient for the government to establish that the ammunition seized from defendant was in or affecting interstate commerce; ammunition assembled from components which had traveled in interstate commerce was in commerce for purposes of 18 U.S.C. 922(g)(1) even though the ammunition itself had been assembled intrastate; and, in this case, the propellent powder component manufactured in interstate commerce is sufficient to satisfy the Commerce Clause. Accordingly, the court affirmed the judgment.
Court Description: Bright, Author, with Murphy and Shepherd, Circuit Judges] Criminal case - Criminal law. The evidence was sufficient to support defendant's conviction for being a felon in possession of ammunition; government witness's testimony regarding how the individual components of the ammunition were in or affecting commerce did not amount to a constructive amendment of the indictment; a reasonable jury could find the manufacturer of the ammunition used propellant made outside Minnesota; under circuit precedents ammunition assembled from components which traveled in interstate commerce was in commerce for purposes of a prosecution under 18 U.S.C. Sec. 922(g)(1) even if the ammunition had been assembled intrastate.
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