Legal Opinion

United States v. Leahy

Court of Appeals for the First Circuit

Decided January 19, 2007No. 05-1670PublishedCited by 67 opinions

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

  1. United States v. BookerSupreme Court of the United States · 2004
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  4. Taylor v. United StatesSupreme Court of the United States · 1990
  5. Shepard v. United StatesSupreme Court of the United States · 2005

37 more not listed; retrieve them via the Exa API.

3Cited by67 opinions

  1. Dávila v. Corporación De Puerto Rico Para La Difusión PúblicaCourt of Appeals for the First Circuit · 2007
  2. Fothergill v. United StatesCourt of Appeals for the First Circuit · 2009
  3. United States v. NewellCourt of Appeals for the First Circuit · 2011
  4. United States v. LeahyCourt of Appeals for the First Circuit · 2012
  5. Downey v. Bob's Discount Furniture Holdings, Inc.Court of Appeals for the First Circuit · 2011

62 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API