United States v. Eric Clark Webster

BOWMAN, Circuit Judge.

A jury convicted Eric Clark Webster of one count of being a prohibited person in possession of a firearm, and the District Court sentenced him to 262 months’ imprisonment. Webster appeals his conviction, arguing that the District Court erred in instructing the jury regarding his flight from police. He also challenges his sentence. We affirm Webster’s conviction but vacate his sentence and remand his case for resentencing.

On January 16, 2002, employees at a Des Moines, Iowa, convenience store called police to report suspicious activity outside the store. An officer…