United States v. Leahy
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
This appeal calls upon us to confront a question explicitly reserved in United States v. Diaz, 285 F.3d 92, 97 (1st Cir. 2002), concerning the allocation of the burden of proof when a criminal defendant in a federal felon-in-possession case attempts to exonerate himself by claiming that he took possession of the firearm purely in self-defense. 1 We hold that there is a justification defense available in felon-in-possession cases, which typically encompasses duress, necessity, and self-defense. Relatedly, we hold that where, as here, proof of the justification defense does…
2Cases cited42 opinions
- United States v. BookerSupreme Court of the United States · 2004
- In Re WINSHIPSupreme Court of the United States · 1970
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
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3Cited by67 opinions
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- Fothergill v. United StatesCourt of Appeals for the First Circuit · 2009
- United States v. NewellCourt of Appeals for the First Circuit · 2011
- United States v. LeahyCourt of Appeals for the First Circuit · 2012
- Downey v. Bob's Discount Furniture Holdings, Inc.Court of Appeals for the First Circuit · 2011
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