Innocent possession is not defense to charge of being felon in possession of ammunition

STATUTORY CONSTRUCTION/SENTENCING United States v. Baker, No. 07-3002, ___ F.3d ___ (10th Cir. Dec. 6, 2007)(Kansas). Appeal of conviction and sentence for being felon in possession of ammunition in violation of 18 U.S.C. § 922(g)(1). HELD: (1) District court did not err by refusing to issue jury instruction on innocent possession defense. Innocent possession is not defense to being felon in possession of ammunition. (2) District court did not err by enhancing defendant’s sentence under Armed Career Criminal Act at 18 U.S.C. § 924(e). When state law has continuously prohibited defendant from possessing forearm, state has not effectively restored defendant’s civil rights. Therefore, each of defendant’s otherwise-qualifying convictions constitutes violent felony for sentencing purposes of Armed Career Criminal Act. Read the opinion here.