United States v. Hillian

Randall Eugene Hillian appeals his conviction and 120-month sentence imposed after a jury found him guilty of being a convicted felon in possession of a firearm, 18 U.S.C. §§ 922(g)(1) & 924(a)(2) (2000). For the reasons stated below, we affirm Hillian’s conviction, but vacate his sentence and remand for resentencing.

Hillian claims error in the district court’s refusal to instruct the jury on the defense of justification in regard to his possession of a firearm. To establish a justification defense, the defendant must show that: (1) he was under unlawful and present threat of death or serious…