Sufficiency of Evidence – Improper Jury Instuctions

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7^TH Circuit Court of Appeals

Case Name: United States of America v. Julius Lawson

Case No.: 14-3276

Officials: BAUER, POSNER, and KANNE, Circuit Judges

Practice Area: Sufficiency of Evidence – Improper Jury Instuctions

Appellant argues insufficient evidence exists for jury to conclude that a firearm was used, among other arguments on appeal.

“Hunter had ample opportunity to view the gun up close while it was pointed directly at her stomach. Hunter testified that she was familiar with guns, that the gun looked like a Cobra .380, and that it was not a revolver. Additionally, the robber told her that he had a gun—implying that it was op‐erable and that he would be willing to use it if Hunter did not comply. Cf. Parker, 801 F.2d at 1384 (“The act of threatening others with a gun is tantamount to saying that the gun is loaded and that the gun wielder will shoot unless his commands are obeyed.” (quotation marks omitted)). Hunter’s testimony is sufficient for a rational juror to find beyond a reasonable doubt that the object used was in fact a firearm. The jury was free to discredit the portions of Hunter’s testimony where she admitted that it “could have been” a well‐made replica. In fact, we have rejected just such an argument. Buggs, 904 F.2d at 1074–75 (upholding firearms conviction where police officer and lay witness testified that they saw “what appeared to them to be a large pistol. It appeared to each of them to be a .357 magnum but neither was sure.” (quotation marks omitted)). “

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.