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U.S. v. JOHNSON

No. 03-60589.

381 F.3d 506 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Brian JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 17, 2004.

Attorney(s) appearing for the Case

John R. Hailman (argued) and Charles Wiley Spillers, Asst. U.S. Attys., Oxford, MS, for Plaintiff-Appellee.

Imhotep Alkebu-lan (argued), Jackson, MS, for Defendant-Appellant.

Before JOLLY, WIENER, and PICKERING, Circuit Judges.

PER CURIAM:

Defendant-Appellant Brian Johnson appeals his jury conviction for possession of a firearm with an obliterated serial number, in violation of 18 U.S.C. §§ 922(k) and 924(a)(1)(B). Concluding that the evidence was insufficient for a rational jury to find beyond a reasonable doubt that, at the time in question, Johnson knew that the serial number on the firearm had been obliterated, we reverse his conviction, vacate his sentence, and remand to the...

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