Legal Opinion

United States v. Rooney

District Court, D. Maine

Decided January 11, 2005No. CR-04-55-B-WPublishedCited by 2 opinions

1Opinion of the Court

PRESENTENCE ORDER

WOODCOCK, District Judge.

Having pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), Edward A. Rooney moves this Court to depart downward from the guideline range of sentence pursuant to U.S.S.G. § 5K2.11, Lesser Harms, and U.S.S.G. § 5K2.12, Coercion and Duress. Mr. Rooney contends he possessed the firearms because he and his family were under a credible threat of substantial bodily harm, even death, from Mrs. Rooney’s ex-boyfriend and his possession of firearms was' a direct response to this threat. After an evidentiary hearing…

2Cases cited28 opinions

  1. Huddleston v. United StatesSupreme Court of the United States · 1974
  2. United States v. Mirna Rivera, United States v. Robert AdamoCourt of Appeals for the First Circuit · 1993
  3. United States v. Francisco Javier Barajas-NunezCourt of Appeals for the Sixth Circuit · 1996
  4. United States v. Luz Maria Amparo, A/K/A Luz Maria Amparo SanchezCourt of Appeals for the First Circuit · 1992
  5. United States v. John J. Gillies, Jr.Court of Appeals for the First Circuit · 1988

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3Cited by2 opinions

  1. United States v. VandebrakeDistrict Court, N.D. Iowa · 2011
  2. Brandon v. United StatesDistrict Court, W.D. North Carolina · 2021

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