United States v. Burning Breast, No. 20-1450 (8th Cir. 2021)Annotate this Case
The Eighth Circuit affirmed defendant's conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1) and 924(a)(2). Viewing the evidence in the light most favorable to the verdict, the court concluded that the evidence in the record is sufficient for the jury to find that defendant's finished rifle meets the first part of the definition of firearm as set forth in section 921(a)(3); the jury was properly instructed that the interstate commerce element of the offense is satisfied if the firearm was transported in interstate commerce at some time during or before the defendant's possession of it; defendant's mistake of law and mistake of fact arguments are unavailing; and the jury was properly instructed on the elements of the crime in a manner that tracked the statute and was consistent with Rehaif v. United States, 588 U.S. ___, 139 S. Ct. 2191 (2019).