United States v. Marcos Perez
Court of Appeals for the Seventh Circuit
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
- United States v. BaileySupreme Court of the United States · 1980
- Mathews v. United StatesSupreme Court of the United States · 1988
- United States v. SepulvedaCourt of Appeals for the First Circuit · 1993
- United States v. Gillam KerleyCourt of Appeals for the Seventh Circuit · 1988
- 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
- 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
- United States v. DeleveauxCourt of Appeals for the Eleventh Circuit · 2000
- United States v. James C. HendricksCourt of Appeals for the Seventh Circuit · 2003
- United States v. Robert Coffman, Jerry Beller, and Thresher T. RippeyCourt of Appeals for the Seventh Circuit · 1996
- United States v. MeadeCourt of Appeals for the First Circuit · 1997
59 more not listed; retrieve them via the Exa API.