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Criminal Law: Unlawful Possession of Firearm-Sufficiency of Evidence-Sentencing Enhancement
Staff Report//November 13, 2023//
Criminal Law: Unlawful Possession of Firearm-Sufficiency of Evidence-Sentencing Enhancement
Staff Report//November 13, 2023//
Listen to this articleDefendant appealed his conviction and sentence for unlawful possession of a firearm. Defendant challenged the denial of his motion for judgment of acquittal, arguing that the evidence was insufficient to convict him. Defendant also argued that the district court erred in applying a sentencing enhancement.
Where the evidence included surveillance footage of defendant firing a gun, which was later found in his constructive possession following his arrest, there was sufficient evidence to prove that defendant knowingly possessed a firearm, and the district court properly applied a sentencing enhancement where each of the gun’s serial numbers had been defaced to some extent, requiring investigators to piece together the firearm’s number.
Judgment is affirmed.
U.S. v. Rodgers (MLW No. 80693/Case No. 23-1779 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Northern District of Iowa, Williams, J.
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