U.S. v. FAIRCLOTH, 2:14-cr-76-FtM-38DNF. (2015)
Court: District Court, M.D. Florida
Number: infdco20150604a46
Visitors: 10
Filed: Jun. 03, 2015
Latest Update: Jun. 03, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Defendant Michael Terrill Faircloth's Objection to Jury Instruction (Doc. #73) filed on May 25, 2015. In the Objection, Defendant avers that the Eleventh Circuit's pattern jury instruction for 18 U.S.C. 922(g)(1) convolutes the elements, and is therefore misleading. (Doc. #73 at 2). Because the Eleventh Circuit has already held that its pattern instruction for 922(g)(1) is "a correct statement of t
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Defendant Michael Terrill Faircloth's Objection to Jury Instruction (Doc. #73) filed on May 25, 2015. In the Objection, Defendant avers that the Eleventh Circuit's pattern jury instruction for 18 U.S.C. 922(g)(1) convolutes the elements, and is therefore misleading. (Doc. #73 at 2). Because the Eleventh Circuit has already held that its pattern instruction for 922(g)(1) is "a correct statement of th..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Defendant Michael Terrill Faircloth's Objection to Jury Instruction (Doc. #73) filed on May 25, 2015. In the Objection, Defendant avers that the Eleventh Circuit's pattern jury instruction for 18 U.S.C. § 922(g)(1) convolutes the elements, and is therefore misleading. (Doc. #73 at 2). Because the Eleventh Circuit has already held that its pattern instruction for § 922(g)(1) is "a correct statement of the law," and that by using this instruction, a "district court [would] properly advise[] the jury so that they understood the issues involved," the Court finds this argument unpersuasive. United States v. Phillips, 202 F. App'x 442, 445 (11th Cir. 2006). As a result, Defendant's Objection is due to be denied.
Accordingly, it is now
ORDERED:
Defendant Michael Terrill Faircloth's Objection to Jury Instruction (Doc. #73) is DENIED.
DONE AND ORDERED.
FootNotes
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Source: Leagle
