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UNITED STATES v. JOHNSON

No. 21-3113.

46 F.4th 1183 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Larry D. JOHNSON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED August 30, 2022.

Attorney(s) appearing for the Case

Candace Caruthers , Assistant Federal Public Defender ( Virginia L. Grady , Federal Public Defender, with her on the briefs), Office of the Federal Public Defender, Denver, Colorado, for Defendant-Appellant.

Michelle McFarlane , Special Assistant United States Attorney ( Duston J. Slinkard , United States Attorney, and James A. Brown , Appellate Chief, with her on the brief), Office of the United States Attorney, District of Kansas, Kansas City, Kansas, for Plaintiff-Appellee.

Before TYMKOVICH, Chief Judge, BRISCOE and MATHESON, Circuit Judges.

Larry D. Johnson was convicted by a jury for possessing a firearm and possessing crack cocaine with the intent to distribute. He seeks to overturn his two firearms convictions because he claims the jury received an erroneous instruction on constructive possession.

Reviewing for plain error, we affirm. Had the jury...

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