Legal Opinion

United States v. Stacy

District Court, S.D. California

Decided July 12, 2010No. Case 09cr3695 BTMPublishedCited by 6 opinions

1Opinion of the Court

ORDER DENYING DEFENDANT’S MOTION TO PRESENT CERTAIN DEFENSES AND GRANTING UNITED STATES’ MOTIONS IN LIMINE TO PRECLUDE DEFENSES

BARRY TED MOSKOWITZ, District Judge.

Defendant James Dean Stacy has filed a motion to allow him to present an entrapment-by-estoppel defense at trial, or, in the alternative, a public authority defense. The United States has filed motions in limine to preclude an entrapment defense, advice of counsel defense, “medical marijuana” defense, medical necessity defense, and public authority defense. For the reasons discussed below, the Court DENIES Defendant’s motion and…

2Cases cited17 opinions

  1. Teague v. LaneSupreme Court of the United States · 1989
  2. Bordenkircher v. HayesSupreme Court of the United States · 1978
  3. Wayte v. United StatesSupreme Court of the United States · 1985
  4. Bryan v. United StatesSupreme Court of the United States · 1998
  5. Williamson v. United StatesSupreme Court of the United States · 1908

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3Cited by6 opinions

  1. In re Rent-Rite Super Kegs West Ltd.United States Bankruptcy Court, D. Colorado · 2012
  2. United States v. HarveyDistrict Court, S.D. California · 2011
  3. Marin Alliance for Medical Marijuana v. HolderDistrict Court, N.D. California · 2011
  4. Advisory Opinion to the Attorney General Re: Use of Marijuana for Certain Medical ConditionsSupreme Court of Florida · 2014
  5. Advisory Opinion to the Attorney General Re: Use of Marijuana for Certain Medical ConditionsSupreme Court of Florida · 2014

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