U.S. v. McELYEA

No. 97-10269.

158 F.3d 1016 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Lowell McELYEA, Jr. Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 16, 1998.


Attorney(s) appearing for the Case

Gregory A. Bartolomei, Bartolomei & Victor, Phoenix, AZ, for defendant-appellant.

Paul V. Rood, Assistant United States Attorney, Phoenix, AZ, for plaintiff-appellee.

Before: NOONAN and TROTT, Circuit Judges, and WALLACH, Judge.


WALLACH, Circuit Judge.

Appellant Joe Lowell McElyea ("McElyea") appeals his jury conviction for two counts of a felon in possession of a firearm under 18 U.S.C. § 922(g)(1) (1996). McElyea argues that it was reversible error for the district court to fail to instruct the jury that the Government had the burden to prove beyond a reasonable doubt that McElyea's civil rights had not been restored. As a result, McElyea argues that his conviction was unlawful.

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