Legal Opinion
United States v. Alphonso Buster Gilbert, Sr.
Court of Appeals for the Fourth Circuit
Decided November 28, 2005No. 04-5004PublishedCited by 38 opinions
1Opinion of the Court
Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge WILLIAMS and Judge TRAXLER joined.
WILKINSON, Circuit Judge.
The defendant in this case seeks to overturn his conviction as a felon in possession of a firearm by invoking an affirmative defense of “innocent possession.” He claims that 18 U.S.C. § 922(g)(1) (2000) does not apply when a defendant can show that his possession was both transitory and without illicit motive. We find such a defense to be wholly absent from the statutory text and decline to subvert the congressional scheme by imposing a judicially crafted…
2Cases cited11 opinions
- United States v. BaileySupreme Court of the United States · 1980
- Bryan v. United StatesSupreme Court of the United States · 1998
- United States v. Richard LangleyCourt of Appeals for the Fourth Circuit · 1995
- Small v. United StatesSupreme Court of the United States · 2005
- United States v. Arthur Ronald Crittendon A/K/A Jabbar Muwakkil RagibCourt of Appeals for the Fourth Circuit · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- United States v. PalmaCourt of Appeals for the Eleventh Circuit · 2008
- United States v. William JohnsonCourt of Appeals for the Ninth Circuit · 2006
- United States v. Montana BarronetteCourt of Appeals for the Fourth Circuit · 2022
- United States v. Marcus MoodyCourt of Appeals for the Fourth Circuit · 2021
- United States v. MooneyCourt of Appeals for the Fourth Circuit · 2007
33 more not listed; retrieve them via the Exa API.