U.S. v. POE

No. 05-2914.

442 F.3d 1101 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Tommy Lee POE, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 6, 2006.


Attorney(s) appearing for the Case

David Shinkle, Des Moines, IA, for appellant.

John S. Courter, Asst. U.S. Attorney, Des Moines, IA, for appellee.

Before WOLLMAN, JOHN R. GIBSON, and ARNOLD, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Tommy Lee Poe appeals from his conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Based on his criminal history, he was classified as an armed career criminal under 18 U.S.C. § 924(e), and the district court1 sentenced him to 235 months' imprisonment. Poe argues that the district court erred in refusing to instruct the jury on his proposed affirmative...

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