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U.S. v. NEVILS

No. 06-50485.

548 F.3d 802 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Earl Anthony NEVILS, a/k/a Earl Nevils, Jr., Earl Bowman; Earl Johnson, Alfred Johnson, "Babycriptoe", "Lilamigo" and "Baby Frog," Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 20, 2008.

Attorney(s) appearing for the Case

Elizabeth A. Newman, Assistant Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Sandy N. Leal, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Opinion by Judge PAEZ; Dissent by Judge BYBEE.

PAEZ, Circuit Judge:

Earl Nevils appeals from a jury conviction for being a felon in possession of firearms and ammunition in violation of 18 U.S.C. § 922(g)(1). We reverse the conviction because the evidence offered at trial was insufficient with regard to the element of knowing possession.1

I. BACKGROUND

On April 14, 2003, LAPD officers specializing in anti-gang enforcement...

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