U.S. v. CAPPS

No. 95-3083.

77 F.3d 350 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Michael E. CAPPS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 21, 1996.


Attorney(s) appearing for the Case

Michael Lewis Harris, Assistant Federal Public Defender, Kansas City, Kansas, for Defendant-Appellant.

Robert S. Streepy, Assistant United States Attorney, Kansas City, Kansas (Randall K. Rathburn, United States Attorney, with him on the brief), for Plaintiff-Appellee.

Before TACHA, COFFIN, and LUCERO.


COFFIN, Senior Circuit Judge.

At his trial for violating the "felon-in-possession" statute, 18 U.S.C. § 922(g)(1), Michael Capps stipulated that 1) he was previously convicted of two federal felonies; 2) he was in possession of a functioning firearm; and 3) the firearm was not manufactured in Kansas. Though acknowledging that these stipulations facially satisfied the government's case in chief, Capps offered as a defense his good faith and reasonable belief that...

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