Justin Miles Ness v. United States
In this case, there was trial evidence presented regarding a bevy of days, times, and different implements in which the accused allegedly possessed firearms, ammunition, or both. Yet, the accused was only charged with possessing specific items on a specific day—September 8, 2021. Like most charging instruments, the indictment here qualified that date with the familiar "on or about" language. During deliberations, the District Court received a question from the jury that clearly was inquiring how far back in time alleged events of possession were permissible for its consideration—an obvious question in light of the trial evidence. The District Court simply repeated the familiar refrain of "You have all the evidence you need to render your verdict." Was this a plainly improper (and plainly erroneous) response?
Whether a district court's response of 'You have all the evidence you need to render your verdict' constitutes a plainly improper jury instruction when the jury seeks clarification on the temporal scope of alleged possession