Legal Opinion

United States v. Marcos Perez

Court of Appeals for the Seventh Circuit

Decided June 20, 1996No. 95-3814PublishedCited by 64 opinions

1Opinion of the Court

POSNER, Chief Judge.

The defendant was convicted of being a felon in possession of a firearm, 18 U.S.C. § 922(g), and was sentenced to 51 months in prison. The judge refused to instruct the jury on the defenses of necessity and duress, and the defendant complains that this was error. A criminal defendant is entitled to an instruction on any defense for which there is some support in the evidence; but how much there must be is unclear. A number of our cases say that as long as there is any evidence to support the defense, even if the evidence is “weak” — even if it is “insufficient” — the…

2Cases cited17 opinions

  1. United States v. BaileySupreme Court of the United States · 1980
  2. Mathews v. United StatesSupreme Court of the United States · 1988
  3. United States v. SepulvedaCourt of Appeals for the First Circuit · 1993
  4. United States v. Gillam KerleyCourt of Appeals for the Seventh Circuit · 1988
  5. United States v. Harold M. NewcombCourt of Appeals for the Sixth Circuit · 1993

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

3Cited by64 opinions

  1. United States v. Brad Eugene Branch, Kevin Whitecliff, Jaime Castillo, Renos Lenny Avraam, Paul Fatta and Graeme Leonard CraddockCourt of Appeals for the Fifth Circuit · 1996
  2. United States v. DeleveauxCourt of Appeals for the Eleventh Circuit · 2000
  3. United States v. James C. HendricksCourt of Appeals for the Seventh Circuit · 2003
  4. United States v. Robert Coffman, Jerry Beller, and Thresher T. RippeyCourt of Appeals for the Seventh Circuit · 1996
  5. United States v. MeadeCourt of Appeals for the First Circuit · 1997

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

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