United States v. Deleveaux
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
HULL, Circuit Judge:
Defendant-Appellant James Vincent De-leveaux appeals his conviction and 46- month sentence for being a convicted felon in possession of a firearm. Deleveaux challenges the district court’s jury instructions regarding his justification defense. After review, we find that justification is available as an affirmative defense to this strict liability offense and that the court properly instructed the jury that Dele-veaux must prove justification by a preponderance of the evidence.
I. EVIDENCE AT TRIAL
A one-count indictment charged Dele-veaux with being a convicted felon in…
2Cases cited28 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Patterson v. New YorkSupreme Court of the United States · 1977
- United States v. BaileySupreme Court of the United States · 1980
- Bryan v. United StatesSupreme Court of the United States · 1998
- Martin v. OhioSupreme Court of the United States · 1987
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