United States of America v. DAVID EUGENE THOMPSON, Sr.

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID EUGENE THOMPSON, Sr.,
Defendant - Appellant.
No. 09-30288
D.C. No. 2:07-cr-00436-MJP-1
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Marsha J. Pechman, District Judge, Presiding
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
David Eugene Thompson, Sr., appeals from his jury-trial conviction for
being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We
FILED
JUL 23 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-30288 2
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Thompson contends that the district court erred by declining to instruct the
jury regarding a justification defense. The district court did not abuse its
discretion, see United States v. Perdomo-Espana, 522 F.3d 983, 986 (9th Cir.
2008), because Thompson failed to establish a factual basis for a justification
defense. See United States v. Wofford, 122 F.3d 787, 790-92 (9th Cir. 1997).
Because Thompson is represented by counsel, only counsel may submit
filings and we therefore decline to consider the pro se letters received on
November 24, 2009, and November 27, 2009.
AFFIRMED.

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