Background

• Reed was convicted of possessing a firearm and ammunition while a fugitive from justice under 18 U.S.C. §§ 922(g)(2), 924(a)(2).
• He left Nevada with an outstanding warrant and returned to North Dakota, where a firearm and ammunition were later found in a safe at the Little Shell Nation HQ that Reed used.
• Federal investigators linked Reed to the safe and the firearm; a Desert Eagle nine millimeter gun and ammo were recovered, along with Reed's personal items.
• Reed had made threatening statements while in custody, including references to a firearm and violence against authorities; a safe at his office was identified as belonging to him.
• The government lacked direct proof of actual possession but pursued constructive possession, arguing Reed exercised dominion/control over the firearm or the premises.
• The district court instructed the jury that a fugitive need not leave with the intent to avoid charges to be considered a fugitive; Reed objected only to a separate definitional modification.

Issues

Key Cases Cited

• United States v. Anderson, 618 F.3d 873 (8th Cir. 2010) (ownership/control over firearm or premises required for possession)
• United States v. Ali, 63 F.3d 710 (8th Cir. 1995) (recognizes model jury instruction on possession via dominion)
• United States v. Ballentine, 4 F.3d 504 (7th Cir. 1993) (intention timing of leaving not required to be fugitive)
• United States v. Spillane, 913 F.2d 1079 (4th Cir. 1990) (no requirement that leave to avoid prosecution)
• United States v. Gianakos, 415 F.3d 912 (8th Cir. 2005) (plain error standard for modified instructions)
• United States v. Pazour, 609 F.3d 950 (8th Cir. 2010) (circuit split; not clear under current law)
• United States v. Garcia, 521 F.3d 898 (8th Cir. 2008) (standard of review for sufficiency of evidence)