Testo completo
* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 20, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-50593
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PATRICK DEBOUSE,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:03-CR-163-ALL
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Before JONES, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*
Patrick Debouse appeals his conviction following a jury
trial for being a felon in possession of a firearm. Debouse
argues that the district court should have instructed the jury on
transitory possession. Debouse argues that the jury instruction
he requested is supported by United States v. Panter, 688 F.2d
268, 269 (5th Cir. 1982).
Panter is inapposite, however, because Debouse did not
possess a firearm in self-defense. See id. at 272. Because the
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instruction Debouse requested incorrectly stated the law and was
without foundation in the evidence, the district court did not
abuse its discretion when it declined to use it. See United
States v. Tannehill, 49 F.3d 1049, 1057-58 (5th Cir. 1995);
Panter, 688 F.2d at 269.
AFFIRMED.
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