Legal Opinion
United States v. Decaress Smith
Court of Appeals for the Second Circuit
Decided November 9, 1998No. 234, Docket 96-1826PublishedCited by 70 opinions
1Opinion of the Court
JACOBS, Circuit Judge:
Defendant-appellant Decaress Smith pleaded guilty in the United States District Court for the Western District of New York (Elfvin, J.) to one count of possessing a firearm as a felon, in violation of 18 U.S.C. § 922(g). In a statement to the Probation Office and then at his sentencing, Smith recounted that he was working at a youth center when he took possession of the gun briefly by confiscation from a gang member. This account suggests an inchoate defense of necessity. Without inquiry concerning such a possible defense, the district court entered judgment on the plea.…
2Cases cited13 opinions
- McCarthy v. United StatesSupreme Court of the United States · 1969
- United States v. BroceSupreme Court of the United States · 1989
- United States v. BarnesCourt of Appeals for the Second Circuit · 1979
- United States v. Robert Maher, AKA "Bob M.", Peter Mancusi, Andrew GiordanoCourt of Appeals for the Second Circuit · 1997
- United States v. Harold M. NewcombCourt of Appeals for the Sixth Circuit · 1993
8 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- United States v. Juan Martinez, A/K/A Jesus Garcia, A/K/A Roberto GonzalezCourt of Appeals for the Fourth Circuit · 2002
- United States v. CockerhamCourt of Appeals for the Tenth Circuit · 2001
- United States v. LessnerCourt of Appeals for the Third Circuit · 2007
- Vance Bridgeman v. United StatesCourt of Appeals for the Seventh Circuit · 2000
- United States v. Manuel Gonzalez, Also Known as "Luis Enrique Dirocie Bello," 1 Also Known as "Tito," Robinson JimenezCourt of Appeals for the Second Circuit · 2005
65 more not listed; retrieve them via the Exa API.