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United States v. Nevils

United States Court of Appeals for the Ninth Circuit
548 F.3d 802 (2008)


Facts

Los Angeles police officers were investigating a high-crime gang area when they came across Nevils (defendant) asleep in his apartment (which had open doors) with two guns leaning against his body. The police also saw ecstasy and marijuana on Nevils’s coffee table. Police then entered the apartment and arrested Nevils. Nevils was charged with being a felon in possession of a firearm and ammunition. At trial, Nevils testified that he had gotten drunk at an adjacent apartment and was brought to the apartment where police found him in order to sleep it off. When Nevils originally arrived at this apartment, there were no firearms or drugs visible in the apartment. Nevils was convicted and appealed his conviction based on insufficiency of evidence.

Rule of Law

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Issue

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Holding and Reasoning (Paez, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Bybee, J.)

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