United States v. Bernard Cherry

Barrett, Circuit Judge.

*691 Bernard Cherry appeals his conviction as a felon in possession of a firearm on the ground that the district court erred by not giving the jury his proposed "innocent possession" instruction. He also claims that the district court erred by not asking whether he wanted the jury to determine the forfeitability of the firearm in the event of a guilty verdict.

Because we have never recognized an innocent possession defense and because the facts here don't support such a defense even if we were to recognize it, the district court did not err in refusing to give the…