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U.S. v. SCOTT

No. 04-4649.

424 F.3d 431 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin Franklin SCOTT, a/k/a Benjamine Johnson, a/k/a Benjamine Cox, a/k/a Marik Jefferson, a/k/a Benjamine Scott, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 20, 2005.

Attorney(s) appearing for the Case

ARGUED: Brian Joseph Kornbrath, Federal Public Defender, Office of the Federal Public Defender, Clarksburg, West Virginia, for Appellant. Thomas Edward Johnston, United States Attorney, Office of the United States Attorney, Wheeling, West Virginia, for Appellee. ON BRIEF: Robert H. McWilliams, Jr., Assistant United States Attorney, Wheeling, West Virginia, for Appellee.

Before MICHAEL, MOTZ, and KING, Circuit Judges.

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...

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