United States v. Giannukos

Defendant Jay Giannukos appealed two convictions involving the illegal possession of firearms. While conducting a parole search of Giannukos’s home, officers found two firearms, methamphetamine, and counterfeiting equipment. A grand jury indicted Giannukos on four counts: (1) possession with intent to distribute methamphetamine; (2) possession of a firearm in furtherance of a drug trafficking crime; (3) being a felon in possession of a firearm; and (4) counterfeiting Federal Reserve Notes with the intent to defraud. A jury convicted Giannukos of all counts. Giannukos appealed Counts 2 and 3, arguing that the district court gave an erroneous constructive possession jury instruction and that the prosecutor made improper statements during her closing argument. After review of the trial court record, the Tenth Circuit agreed, reversed and remanded the case for a new trial. View "United States v. Giannukos" on Justia Law