Description: Albuquerque, New Mexico, criminal defense lawyer represented the Defendant charged with being a
felon in possession of ammunition in violation of 18 U.S.C. § 922(g)(1).

During Thomas’s trial, the government put on evidence that three spent shell casings he possessed had travelled across state lines. Thomas argued, both in a motion for a judgment of acquittal and in objecting to the juryinstructions, that the “affecting commerce” element required the government to prove something more than that the ammunition had travelled across state lines at some time. The district court rejected his arguments, ruling precedent from this court holds
that movement from one state to another satisfies the “affecting commerce” element.

Outcome: Defendant was found guilty.

Affirmed

Plaintiff's Experts:

Defendant's Experts:

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