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U.S. v. AL-REKABI

No. 03-4158.

454 F.3d 1113 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Haydar Hameed AL-REKABI, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 17, 2006.

Attorney(s) appearing for the Case

Michael S. Lee, Assistant United States Attorney (Paul M. Warner, United States Attorney on the briefs) Salt Lake City, UT, for Plaintiff-Appellee.

Scott Keith Wilson, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender on the briefs), Salt Lake City, UT, for Defendant-Appellant.

Before BRISCOE, O'BRIEN, Circuit Judges, and HEATON, District Judge.

O'BRIEN, Circuit Judge.

A jury convicted Haydar Hameed Al-Rekabi of possession of a stolen firearm in violation of 18 U.S.C. § 922(j). The district court instructed on constructive possession but refused necessity and fleeting possession instructions. Al-Rekabi argues the trial court's use of constructive possession was too expansive and its view of justification defenses too restrictive. In affirming, we clarify the role of constructive possession and urge the...

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