Legal Opinion
UNITED STATES of America, Plaintiff-Appellee, v. Joe Lowell McELYEA, Jr. Defendant-Appellant
Court of Appeals for the Ninth Circuit
Decided October 16, 1998No. 97-10269PublishedCited by 17 opinions
1Opinion of the Court
WALLACH, Circuit Judge.
Appellant Joe Lowell McElyea (“McE-lyea”) appeals his jury conviction for two counts of a felon in possession of a firearm under 18 U.S.C. § 922(g)(1) (1996). McElyea argues that it was reversible error for the district court to fail to instruct the jury that the Government had the burden to prove beyond a reasonable doubt that MeElyea’s civil rights had not been restored. As a result, McElyea argues that his conviction was unlawful.
In the alternative, he appeals the sentence imposed upon him by the district court. He claims that the district court improperly enhanced…
2Cases cited10 opinions
- Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
- United States v. Thomas L. HudspethCourt of Appeals for the Seventh Circuit · 1994
- UNITED STATES of America, Plaintiff-Appellee, v. Gabriel Valdez ANDAVERDE, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1995
- United States v. Calvin B. MurphyCourt of Appeals for the Sixth Circuit · 1997
- United States v. Benjamin Thomas Tisdale, IIICourt of Appeals for the Tenth Circuit · 1990
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- United States v. James Earl MatthewsCourt of Appeals for the Ninth Circuit · 2002
- United States v. Shannon Wayne TigheCourt of Appeals for the Ninth Circuit · 2001
- United States v. David GeozosCourt of Appeals for the Ninth Circuit · 2017
- United States v. FullerCourt of Appeals for the Fifth Circuit · 2006
- United States v. MichelCourt of Appeals for the Tenth Circuit · 2006
12 more not listed; retrieve them via the Exa API.