Legal Opinion · Concurrence

United States v. Jesse Pawlak

Court of Appeals for the Sixth Circuit

Decided May 13, 2016No. 15-3566Published

1ConcurrenceJulia Smith Gibbons, Circuit Judge

I concur in full in Parts I — III of the opinion. With respect to Part TV, I would caution against deciding this case on the rationale utilized in the majority court opinion. "While the opinion correctly states that the individual’s possession of the firearm in question need not be actually unlawful, it overlooks the fact that the defendant must have had knowledge or reason to believe that the individual to whom the firearm was transferred had certain prior convictions or is under a criminal justice sentence. See United States v. Asante, 782 F.3d 639, 643-44 (11th Cir.2015) (holding that the…

2Cases cited3 opinions

  1. United States v. Emmanuel AsanteCourt of Appeals for the Eleventh Circuit · 2015
  2. United States v. Benjamin PepperCourt of Appeals for the Eighth Circuit · 2014
  3. United States v. RichardsonCourt of Appeals for the Seventh Circuit · 2011

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