Legal Opinion

United States v. Orena

District Court, E.D. New York

Decided December 10, 1992No. CR 92-351PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

WEINSTEIN, District Judge:

The government maintains that it is entitled to inform the jury as an element of an offense that defendant is a convicted felon even though defendant concedes that this element need not be proved. For reasons indicated below, the jury shall not be informed of the prior conviction.

Defendant Victor Orena is charged with several serious . crimes and conspiracy counts. Among them is a firearm offense that requires as an element of the crime that defendant have previously been convicted of a felony. 18 U.S.C. § 922(g)(1). Defendant is willing to…

2Cases cited25 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Griffin v. CaliforniaSupreme Court of the United States · 1965
  3. Griffin v. CaliforniaSupreme Court of the United States · 1965
  4. Francis v. FranklinSupreme Court of the United States · 1985
  5. Rust v. SullivanSupreme Court of the United States · 1991

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3Cited by10 opinions

  1. United States v. Kevin GilliamCourt of Appeals for the Second Circuit · 1993
  2. United States v. Charles Cornelius JamesCourt of Appeals for the Ninth Circuit · 1993
  3. United States v. Charles BelkCourt of Appeals for the Second Circuit · 2003
  4. United States v. Chris J. ChevereCourt of Appeals for the Second Circuit · 2004
  5. Nieves v. KellyDistrict Court, S.D. New York · 1997

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