Possession of firearm that traveled from Spain to New Mexico, but not necessarily between states, is still possession “in or affecting commerce"
JURY INSTRUCTION United States v. Goode, No. 06-2093, ___ F.3d ___ (10th Cir. Apr. 16, 2007)(New Mexico). Appeal of conviction and sentence for being felon in possession of firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1). HELD: Where evidence at trial showed that firearm discovered in defendant’s possession in New Mexico (a border state) was manufactured in Spain, but jury instruction stated that weapon must have moved from state to state, there was no plain error requiring reversal because evidence was otherwise sufficient to satisfy 18 U.S.C. § 922(g)’s requirement that firearm be possessed “in or affecting commerce” as charged in indictment because phrase “in or affecting commerce” also encompasses movement in foreign commerce (i.e., movement from outside U.S. into a state). Read the opinion here. |
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