United States v. Porter, No. 11-3190 (8th Cir. 2012)
Annotate this CaseAntoine Porter was charged with being a felon in possession of a firearm. Porter was convicted as charged after a jury trial and was sentenced to thirty-three months imprisonment. Porter appealed his conviction, arguing the district court erred in denying his motion for judgment of acquittal based on insufficient evidence and erred in overruling Porter's objection to statements made by the Government's counsel during closing arguments. The Eighth Circuit Court of Appeals affirmed, holding (1) the district court did not err in denying Porter's motion for acquittal, as there was ample evidence to support the jury's conviction; and (2) the district court did not err in overruling Porter's objection to statements made by the Government's counsel during closing arguments.
Court Description: Criminal case - Criminal law. Evidence was sufficient to support defendant's conviction for being a felon in possession of a firearm; prosecutor's closing argument was not an impermissible comment on defendant' failure to testify.
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