United States v. Aaron Joseph Brunson ( 2012 )

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[DO NOT PUBLISH]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
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No. 10-11843
Non-Argument Calendar
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D.C. Docket No. 3:09-cr-00090-LC-1
UNITED STATES OF AMERICA,
llllllllllllllllllll lPlaintiff-Appellee,
versus
AARON JOSEPH BRUNSON,
lllllllllllllllllllll Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Florida
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(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
2Case: 10-11843 Date Filed: 07/27/2012 Page: 3 of 3
813, 816 (11th Cir. 1998).
AFFIRMED.
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