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U.S. v. REED

No. 10-2010.

636 F.3d 966 (2011)

UNITED STATES of America, Appellee, v. Michael Howard REED, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 8, 2011.

Rehearing and Rehearing En Banc Denied April 19, 2011.

Attorney(s) appearing for the Case

Neil Fulton , AFPD, argued, Pierre, SD, Orell D. Schmitz , AFPD, Bismark, ND, Scott Duncan McGregor , AFPD, Rapid City, SD, on the brief, for appellant.

David D. Hagler , AUSA, argued, Bismarck, ND, for appellee.

Before LOKEN and BYE, Circuit Judges, and MARSHALL, District Judge.

BYE, Circuit Judge.

A jury convicted Michael Howard Reed of possessing a firearm and ammunition while he was a fugitive from justice in violation of 18 U.S.C. §§ 922(g)(2) and 924(a)(2). Reed left Nevada while there was an outstanding warrant for his arrest and returned to North Dakota where he had access to a firearm and ammunition locked in a safe. He appeals his conviction arguing the evidence was insufficient to support a finding he constructively possessed...

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