Legal Opinion

United States v. Ernest Vereen, Jr.

Court of Appeals for the Eleventh Circuit

Decided April 5, 2019No. 17-11147PublishedCited by 28 opinions

1Opinion of the Court

MARCUS, Circuit Judge:

*1304 Ernest Vereen, Jr. appeals his conviction and sentence for possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922 (g)(1), 924(e). Vereen challenges the district court's decision not to give a jury instruction on what Vereen terms the innocent transitory possession ("ITP") defense, through which he sought to argue that his faultless and brief possession of a firearm did not constitute "possession" under § 922(g)(1). He adds that the failure of our Court to clarify whether the ITP defense is available in firearms offenses has created…

2Cases cited67 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Johnson v. United StatesSupreme Court of the United States · 2015
  4. Shepard v. United StatesSupreme Court of the United States · 2005
  5. United States v. LopezSupreme Court of the United States · 1995

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3Cited by28 opinions

  1. United States v. Demetrius BrooksCourt of Appeals for the Sixth Circuit · 2021
  2. United States v. Johnny Clyde Benjamin, Jr.Court of Appeals for the Eleventh Circuit · 2020
  3. United States v. Jason KushmaulCourt of Appeals for the Eleventh Circuit · 2021
  4. United States v. Erik BecerraCourt of Appeals for the Eighth Circuit · 2020
  5. United States v. Robert Brandon MaloneCourt of Appeals for the Eleventh Circuit · 2022

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