Legal Opinion

United States v. Gabriel Garcia-Hernandez

Court of Appeals for the Eighth Circuit

Decided October 16, 2015No. 15-1480PublishedCited by 14 opinions

1Opinion of the Court

BENTON, Circuit Judge.

A jury convicted Gabriel Lázaro Garcia-Hernandez, a convicted felon, of possessing at least one firearm or ammunition, and a firearm with an obliterated serial number, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2), 924(e) and §§ 922(k), 924(a)(1)(B). He appeals, challenging the jury instructions and the sufficiency of the evidence. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

During a search, Garcia-Hernandez told the agents they would find five firearms at his apartment—a .38, .45, .22, and two rifles. Searching his one-bedroom apartment, the…

2Cases cited27 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Staples v. United StatesSupreme Court of the United States · 1994
  3. United States v. X-Citement Video, Inc.Supreme Court of the United States · 1994
  4. Lambert v. CaliforniaSupreme Court of the United States · 1958
  5. Bryan v. United StatesSupreme Court of the United States · 1998

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3Cited by14 opinions

  1. United States v. Buck Otto WhiteCourt of Appeals for the Eighth Circuit · 2016
  2. United States v. Philip DelgrossoCourt of Appeals for the Eighth Circuit · 2017
  3. United States v. Cedric McDonaldCourt of Appeals for the Eighth Circuit · 2016
  4. United States v. Anthony Donte CollierCourt of Appeals for the Eighth Circuit · 2019
  5. Gabriel Garcia-Hernandez v. United StatesCourt of Appeals for the Eighth Circuit · 2019

9 more not listed; retrieve them via the Exa API.

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