Legal Opinion

United States v. Scott

Court of Appeals for the Fourth Circuit

Decided September 20, 2005No. 04-4649PublishedCited by 27 opinions

1Opinion of the Court

Affirmed by published opinion. Judge Michael wrote the opinion, in which Judge Motz and Judge King joined.

OPINION

MICHAEL, Circuit Judge.

Benjamin Franklin Scott appeals his conviction under 18 U.S.C. § 922(g)(1) as a felon in possession of a firearm. He argues that the jury instructions were misleading because they did not adequately explain that intent to possess is an element of this crime when the government proceeds under a constructive possession theory. The instructions were not misleading on the intent requirement, and we therefore affirm.

I

Scott was charged in a one-count indictment as…

2Cases cited11 opinions

  1. United States v. ParkSupreme Court of the United States · 1975
  2. United States v. Richard LangleyCourt of Appeals for the Fourth Circuit · 1995
  3. United States v. Edward TerryCourt of Appeals for the Ninth Circuit · 1990
  4. United States v. Talton Young Gallimore, Jr.Court of Appeals for the Fourth Circuit · 2001
  5. United States v. Daisy E. Walls and Sharee S. WilliamsCourt of Appeals for the Seventh Circuit · 2000

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

3Cited by27 opinions

  1. United States v. Byron Keith Allen, United States of America v. Ernest Robert ReinhardtCourt of Appeals for the Fourth Circuit · 2007
  2. United States v. Ronald A. McIver and All Out Bail Bonding Giggies Bonding Company, Parties in InterestCourt of Appeals for the Fourth Circuit · 2006
  3. United States v. PenniegraftCourt of Appeals for the Fourth Circuit · 2011
  4. United States v. LittleCourt of Appeals for the Tenth Circuit · 2016
  5. United States v. Aaron GrahamCourt of Appeals for the Fourth Circuit · 2015

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API