United States v. Tommy Franklin Essick

K.K. HALL, Circuit Judge:

Tommy Franklin Essick appeals his conviction for possession of a firearm by an ex-felon, in violation of 18 U.S.C. § 922(g)(1). Because we find that the government failed to prove an essential element of the crime, we reverse the judgment of conviction.

I

On September 8, 1989, local police and federal agents from the Bureau of Alcohol, Tobacco and Firearms searched a house where Essick and others resided. A large number of firearms, both pistols and rifles, was seized. On October 30, 1989, Essick was indicted on two separate counts alleging violations of 18 U.S.C. §…