Where a defendant in a firearm possession case challenged the district court’s response to a jury question during deliberations, the court did not abuse its discretion in answering the question by referring the jury to instructions that accurately stated the legal definition of constructive possession and the “knowing” element of the offense.
Judgment is affirmed.
U.S. v. Booker (MLW No. 67269/Case No. 14-1336 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from U.S. District Court, District of Minnesota, Tunheim, J. (Robert H. Meyers, Minneapolis, argued for appellant; Katherine M. Menendez appeared on the brief) (Richard Newberry, Minneapolis, argued for appellee).