United States v. Habibi, No. 14-1403 (1st Cir. 2015)Annotate this Case
After a jury trial, Defendant was convicted of possession of a stolen firearm in violation of 18 U.S.C. 922(j). The First Circuit affirmed, holding that the district court did not abuse its discretion in (1) admitting evidence of Defendant’s past drug use and heroin trafficking; (2) allowing an FBI agent involved in the investigation that led to Defendant’s arrest to testify on issues relating to DNA residue; and (3) declining defense counsel’s request to instruct the jury on the defense’s theory of “transitory possession” on the grounds that there was no factual basis for the instruction.