Jury Instructions

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7^th Circuit Court of Appeals

Case Name: United States of America v. Bernard L. Cherry

Case No.: 18-1157

Officials: HAMILTON, BARRETT, and SCUDDER, Circuit Judges.

Focus: Jury Instructions

Bernard Cherry appeals his conviction as a felon in possession of a firearm on the ground that the district court erred by not giving the jury his proposed “innocent possession” instruction. He also claims that the district court erred by not asking whether he wanted the jury to determine the forfeitability of the firearm in the event of a guilty verdict.

Because we have never recognized an innocent possession defense and because the facts here don’t support such a defense even if we were to recognize it, the district court did not err in refusing to give the instruction. And given that no reasonable juror could have failed to find a nexus between the gun and Cherry’s felon-in-possession conviction, the district court’s failure to ask either party whether it wanted the jury to determine the forfeitability of the firearm did not affect Cherry’s substantial rights. We affirm the judgment of the district court.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.