United States v. Melancon, et al., No. 10-30744 (5th Cir. 2011)
Annotate this CaseDefendant and his nephew appealed their convictions following a jury trial. The nephew was convicted of possessing a firearm as a felon and defendant was convicted of making and using a false document that was presented to a federal agent and of obstruction of justice. On appeal, defendant challenged the denial of his motion to suppress and the sufficiency of the evidence on the false document charge. The nephew challenged the jury instruction on constructive possession and also brought a foreclosed issue as to his sentence. The court held that because the statements defendant made were themselves charged as criminal conduct, they were properly admitted as the key evidence on the counts of making false statements. Accordingly, the court affirmed the denial of the motion to suppress. The court also held that there was sufficient evidence to show that defendant knew the affidavit he helped an inmate prepare was false where the "knowledge of falsity" issue came down to a credibility question which was for the jury to resolve. The court further held that no reversible error was committed by including the constructive-possession instruction. The court finally held that the nephew's challenge to his sentencing enhancements was foreclosed and therefore, the court affirmed his sentence.
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