U.S. v. HOPE

No. 06-60131.

487 F.3d 224 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Danny HOPE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 15, 2007.

Attorney(s) appearing for the Case

Richard Terrell Starrett, Asst. U.S. Atty., David Harrison Fulcher, Jackson, MS, William C. Brown (argued), U.S. Dept. of Justice, Crim. Div., Washington, DC, for U.S.

Julie Ann Epps (argued), Canton, MS, for Hope.

Before JONES, Chief Judge, and JOLLY and STEWART, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This case presents the question of whether the district court erred in granting a judgment of acquittal under FED. R.CRIM. P. 29. Hope was charged and convicted by a jury of being a felon in possession of a firearm. To prove his status as a felon, the government introduced into evidence a certified Mississippi judgment stating that Hope had pled guilty to aggravated assault. Hope's trial counsel did not object. At a post-trial hearing...

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