US v. Broadnax, No. 08-10494

Defendant's conviction for being a felon in possession of a firearm is affirmed where: 1) no constructive amendment of the indictment occurred because neither the evidence at trial nor the jury instructions implied that defendant could be convicted of anything other than being a felon in possession of a firearm that had been in and affecting interstate commerce in violation of 18 U.S.C. section 922(g)(1); and 2) where a defendant's stipulation to a prior felony offense uses the very language of the statute that defines that element of the offense, he has stipulated that the element is satisfied as a matter of fact and law.

Read US v. Broadnax, No. 08-10494

Appellate Information

Filed January 26, 2010

Judges

Opinion by Judge Garza