United States v. Green ( 2003 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-30729
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERIC K. GREEN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 01-CR-123-ALL-D
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March 11, 2003
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Eric Green appeals his conviction for possession of a
firearm by a convicted felon in violation of 18 U.S.C.
§ 922(g)(1); he does not appeal his conviction and concurrent
sentence for forcibly resisting a federal officer in violation of
18 U.S.C. § 111(a). See Yohey v. Collins, 985 F.2d 222, 224-25
(5th Cir. 1993) (issues not raised on appeal are abandoned).
Green contends that the district court erred by refusing to
instruct the jury concerning the affirmative defense of
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-30729
-2-
justification. He argues that he was justified in possessing a
gun in an attempt to prevent the gun’s unlawful owner from
shooting an unidentified third person over an illegal drug debt.
Green failed to show a present, imminent, and impending
threat of death or serious bodily injury or that there was no
reasonable lawful alternative to his possession of the gun. See
United States v. Panter, 688 F.2d 268, 269 (5th Cir. 1982);
United States v. Gant, 691 F.2d 1159, 1163-64 (5th Cir. 1982).
He therefore did not meet his burden of establishing an
evidentiary foundation that would have entitled him to the jury
instruction. See United States v. Branch, 91 F.3d 699, 712 (5th
Cir. 1996). The district court did not abuse its discretion by
refusing to give the requested jury instruction. See United
States v. Posada-Rios, 158 F.3d 832, 873-74 (5th Cir. 1998). The
judgment of the district court is AFFIRMED.
AFFIRMED.