US v. Dooley, No. 08-3523
A conviction for being a felon in possession of a firearm is reversed where: 1) the district court did not err in denying defendant's motion to dismiss the indictment under the Interstate Agreement on Detainers Act (IADA) as defendant failed to indicate whether he was invoking his rights under the IADA; but 2) ambiguity in a jury instruction that defendant was in constructive possession of the firearm was not harmless error and required reversal and a new trial.
Submitted: April 14, 2009
Filed: September 1, 2009
Opinion by Wollman, Circuit Judge