USA v. Aaron Brunson


Opinion issued by court as to Appellant Aaron Joseph Brunson. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam.

Download PDF
Case: 10-11843 Date Filed: 07/27/2012 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 10-11843 Non-Argument Calendar ________________________ D.C. Docket No. 3:09-cr-00090-LC-1 UNITED STATES OF AMERICA, llllllllllllllllllll lPlaintiff-Appellee, versus AARON JOSEPH BRUNSON, lllllllllllllllllllll Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Florida ________________________ (July 27, 2012) Before TJOFLAT, JORDAN and ANDERSON, Circuit Judges. PER CURIAM: Case: 10-11843 Date Filed: 07/27/2012 Page: 2 of 3 Aaron Joseph Brunson appeals his conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1). He argues that, because the stipulation he had entered into with the Government—that he was a convicted felon—was not admitted into evidence and published to the jury at trial, the jury had no evidence before it on which to find him guilty. Therefore, the evidence was insufficient to support his conviction. We review de novo whether there is sufficient evidence in the record to support a jury’s verdict in a criminal trial. United States v. Jiminez, 564 F.3d 1280, 1284 (11th Cir. 2009). To obtain a conviction for being a felon in possession of a firearm, the government must prove that (1) the defendant was a convicted felon, (2) the defendant knowingly possessed a firearm, and (3) the firearm was in or affecting interstate commerce. 18 U.S.C. § 922(g)(1); United States v. Deleveaux, 205 F.3d 1292, 1296-97 (11th Cir. 2000). Brunson concedes that after the jury was selected, his lawyer and the Assistant U. S. Attorney informed the District Court that they had entered into a stipulation that Brunson had previously been convicted of a felony and that his civil rights had not been restored. Brunson acknowledged the stipulation and the court accepted it. By stipulating to felon status, a defendant waives the right to require the Government prove his felon status. United States v. Hardin, 139 F.3d 2 Case: 10-11843 Date Filed: 07/27/2012 813, 816 (11th Cir. 1998). AFFIRMED. 3 Page: 3 of 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?