U.S. v. ADKINS

No. 98-3322.

196 F.3d 1112 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Tony Glen ADKINS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 12, 1999.


Attorney(s) appearing for the Case

Steven Gradert, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with him on the brief), Wichita, Kansas, for Appellant.

Anthony W. Mattivi, Assistant United States Attorney (Jackie N. Williams, United States Attorney, and Gregory G. Hough, Assistant United States Attorney, on the brief), Topeka, Kansas, for Appellee.

Before KELLY, McKAY, and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

I. INTRODUCTION

Tony Glen Adkins was convicted as a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). The trial judge sentenced Adkins to a term of 180-months imprisonment followed by three years of supervised release. On appeal, Adkins raises four claims: (1) the trial court erred when it refused to give Adkins' proposed theory of defense jury instruction defining "possession" to exclude momentary control without...

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