U.S. v. Cherry

In prosecution on charge of felon in possession of firearm, Dist. Ct. did not err in failing to give jury defendant’s proposed “innocent possession” instruction that told jury that it should find defendant not guilty of charged offense if firearm was obtained innocently and momentarily by defendant and held with no illicit purpose. Seventh Circuit has never recognized innocent possession defense outside circumstances in which defendant can establish justification like necessity or duress, and facts of instant case would not support such defense, where defendant acknowledged that he was in presence of police and failed to take steps to turn over nearby firearm that he had previously handled. Also, Dist. Ct. failed to comply with Rule 32.2, where it did not submit forfeiture of defendant’s firearm issue to jury or obtain defendant’s waiver prior to entering forfeiture order. However, said error did not affect defendant’s substantial rights, where record showed clear nexus between firearm and defendant’s conviction.