Case Explained: United States of America v. Derek Underdahl

Court: United States Court of Appeals for the Eighth Circuit Filed: 2026-08-04 The eighth-circuit affirmed Derek Underdahl’s conviction for possessing ammunition as a convicted felon under 18 U.S.C. §§ 922(g)(1) and 924(a)(8). The court held that the evidence was sufficient to prove constructive possession, noting that items such as a debit card, jury summons, and clothing in the shared bedroom allowed a rational jury to infer Underdahl’s knowledge and control over the contraband despite sharing the premises with family members. Regarding the interstate commerce element, the court found expert testimony that the ammunition brands were not manufactured in Iowa sufficient to satisfy the statutory requirement, deferring to the jury’s credibility determinations regarding the witness’s reliability. The court further ruled that the district court did not abuse its discretion by declining to repeat a jury instruction prohibiting consideration of Underdahl’s decision not to testify, as the original instruction had already fairly and adequately covered the law. Finally, the court rejected Underdahl’s as-applied constitutional challenge to § 922(g)(1), stating that Eighth Circuit precedent forecloses such challenges and noting his violent criminal history aligns with the statute’s purpose. The judgment of the district court is affirmed. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.