Thursday, August 7, 2014

Tenth Circuit US v. Morales 13-3202

Decision here.

   Morales ran from a traffic stop and was caught a block later.  After a shell casing was found in his car, deputies retraced the path of the foot pursuit and found a gun and a cell phone in one of the yards.  They hadn't seen him drop either item, but the gun was not dusty, dirty, or wet.  The phone was placed in his property bag at the jail, and he took it when he was eventually released.

   Oh, yeah.  And he was a felon.

   Morales was charged with being a felon in possession of a firearm.  After being found guilty, he appealed (arguing that the evidence was insufficient).  The only element of that crime which he contested was that he had possessed said firearm.

   The evidence against him was circumstantial, but the Tenth held it sufficient for a conviction.

No comments:

Post a Comment