Legal Opinion

United States v. Higdon

Court of Appeals for the Third Circuit

Decided March 17, 2011No. 10-3882PublishedCited by 24 opinions

1Opinion of the Court

OPINION

McKEE, Chief Circuit Judge.

The United States appeals the district court’s refusal to inform a jury about a stipulation that was entered into with defense counsel. The government also petitions this court for a writ of mandamus directing the United States District Court for the Eastern District of Pennsylvania to properly instruct a jury on the elements of the crime of illegal possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1), that was charged in this case. Although mandamus is an exceptional remedy, we conclude that the troubling circumstances of this…

2Cases cited51 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Sullivan v. LouisianaSupreme Court of the United States · 1993
  3. District of Columbia v. HellerSupreme Court of the United States · 2008
  4. Old Chief v. United StatesSupreme Court of the United States · 1997
  5. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976

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3Cited by24 opinions

  1. United States v. HuetCourt of Appeals for the Third Circuit · 2012
  2. United States v. Douglas KennedyCourt of Appeals for the Third Circuit · 2012
  3. United States v. SilvaCourt of Appeals for the Tenth Circuit · 2018
  4. Birdman v. Office of the GovernorCourt of Appeals for the Third Circuit · 2012
  5. United States v. Paul BergrinCourt of Appeals for the Third Circuit · 2012

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