United States v. Griffith, No. 14-1976 (8th Cir. 2015)
Annotate this CaseA neighbor saw a man he later identified as Griffith place a TV and what appeared to be a firearm in the back of a car and called the victim at work. The victim believed a crime was taking place. The victim called police. Police arrived and spoke to the neighbor, who described Griffith and the vehicle, and gave a license plate number. The victim’s door had been kicked in. His TV was gone; two shotguns, a rifle, and cash were missing from his gun safe. About 20 minutes later, another officer spotted the license plate and arrested Griffith. Looing in the hatchback portion of the car, he saw an Insignia brand TV and what appeared to be a shotgun receiver. Police impounded the vehicle and obtained a search warrant. They found the victim's shotgun receiver and television. Griffith was charged as a felon in possession of a firearm, 18 U.S.C. 922(g). At trial, the neighbor testified to seeing Griffith with a firearm. The district court instructed the jury the government had to prove beyond a reasonable doubt that Griffith knowingly possessed the firearm. The Eighth Circuit affirmed Griffith’s conviction, finding that there was sufficient evidence of knowledge and that the court did not improperly instruct the jury,
Court Description: Melloy, Author, with Murphy and Benton, Circuit Judges] Criminal case - Criminal law. Jury instructions on possession of a firearm were not erroneous, and the evidence was sufficient to show defendant knowingly possessed the firearm.
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