[Download] "United States v. Goode" by Arizona Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Goode
- Author : Arizona Court of Appeals
- Release Date : January 16, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
A jury in the United States District Court for the District of New Mexico found Donald H. Goode guilty of being a convicted felon in possession of a firearm. On appeal he contends that there was insufficient evidence to convict him under the jury instructions, which required the firearm he possessed to have "moved from one state to another," R. Vol. IV at 220, because evidence at trial showed only that the firearm had been manufactured in Spain and discovered in New Mexico. He also contends that he must be resentenced because the court violated Fed. R. Crim. P. 32(i)(1)(A) when it proceeded to sentence him after he had said that he had not read his presentence report (PSR). We have jurisdiction under 28 U.S.C. § 1291 and affirm his conviction and sentence. Because he did not raise his present insufficiency contention in district court, we review the contention for plain error and hold that justice would not be served by a reversal of his conviction. As for his sentencing contention, we hold that the court properly found that he had read the PSR and discussed it with counsel.