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.

Let's get started


Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases