· 8/17/2009
United States v. Thongsy
Citations
- 577 F.3d 1036
- 2009 U.S. App. LEXIS 18381
- 2009 WL 2488050
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a model jury instruction “should be revised to clarify [that] there are two ways to prove an offense under [18 U.S.C.] § 924(c)”
- holding that a model jury instruction “should be revised to clarify [that] there are two ways to prove an offense under [18 U.S.C.] § 924(c)”
- holding on de novo review that error was harmless where jury instruction “conflated the two clauses of § 924(c) by instructing the jury 6 that it could convict [the defendant] if it found that he ‘possessed’ a firearm (part of the second clause
- “A person has constructive possession when he or she knowingly holds ownership, dominion, or control over the object and the premises where it is found.” (internal quotation marks omitted)
- expert’s testimony that drug dealers commonly use guns for protection and that defendant’s pistol would not be used for hunting was sufficient to show that the instructional error was harmless
Source: CourtListener parenthetical corpus (CC0).
Judges: Fletcher, Bea, Ikuta
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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