Legal Opinion

United States v. Berres

Court of Appeals for the Tenth Circuit

Decided January 21, 2015No. 14-7008PublishedCited by 16 opinions

1Opinion of the Court

LUCERO, Circuit Judge.

Bryan Berres appeals following his conditional guilty plea to three counts of possession of an unregistered firearm in violation of 26 U.S.C. § 5861(d). He raises several challenges to the validity of those counts. First, he argues that his conviction for possessing an unregistered flash bang device violates his due process rights because it was impossible for him, as a transferee of the device, to register it. However, our circuit jurisprudence distinguishes between firearms that may not be registered at all because their possession is banned, and those firearms that…

2Cases cited28 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Berkemer v. McCartySupreme Court of the United States · 1984
  3. Colorado v. ConnellySupreme Court of the United States · 1986
  4. Oregon v. MathiasonSupreme Court of the United States · 1977
  5. United States v. BroceSupreme Court of the United States · 1989

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3Cited by16 opinions

  1. State v. Myers (Slip Opinion)Ohio Supreme Court · 2018
  2. United States v. CoxCourt of Appeals for the Tenth Circuit · 2018
  3. United States v. Yurek (Wendy)Court of Appeals for the Tenth Circuit · 2019
  4. United States v. MobleyCourt of Appeals for the Tenth Circuit · 2020
  5. United States v. HaymondCourt of Appeals for the Tenth Circuit · 2017

11 more not listed; retrieve them via the Exa API.

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