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U.S. v. NEVILS

No. 06-50485.

598 F.3d 1158 (2010)

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 March 19, 2010.

Attorney(s) appearing for the Case

Elizabeth A. Newman, Deputy Federal Public Defender, for the appellant.

Sandy N. Leal, Assistant United States Attorney, and Daniel B. Levin, Assistant United States Attorney, for the appellee.

Before: ALEX KOZINSKI, Chief Judge, PAMELA ANN RYMER, SIDNEY R. THOMAS, BARRY G. SILVERMAN, RAYMOND C. FISHER, RONALD M. GOULD, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, RICHARD R. CLIFTON, MILAN D. SMITH, JR. and SANDRA S. IKUTA, Circuit Judges.

IKUTA, Circuit Judge:

Earl Anthony Nevils appeals from his conviction for being a felon in possession of firearms and ammunition in violation of 18 U.S.C. § 922(g)(1).1 Nevils argues that the evidence presented at trial is constitutionally insufficient to support his conviction because it is susceptible to an innocent explanation. Contrary to Nevils's argument that we should construe the evidence in the light most favorable to innocence...

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