Legal Opinion
United States v. Diaz
Court of Appeals for the First Circuit
Decided March 26, 2002No. 01-1446PublishedCited by 49 opinions
1Opinion of the Court
COFFIN, Senior Circuit Judge.
Appellant Aldrin Diaz seeks reversal of his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He asserts that the district court committed plain error by placing the burden on him to prove his defense of justification. He alternatively challenges the district court’s decision to depart upward from the Sentencing Guidelines. We find no plain error in the instruction, but detect flaws in the sentencing that require reconsideration of the departure. We therefore affirm the conviction, vacate the term of imprisonment, and…
2Cases cited19 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Patterson v. New YorkSupreme Court of the United States · 1977
- United States v. DeleveauxCourt of Appeals for the Eleventh Circuit · 2000
- United States v. Luz Maria Amparo, A/K/A Luz Maria Amparo SanchezCourt of Appeals for the First Circuit · 1992
- United States v. Daniel Paniagua-RamosCourt of Appeals for the First Circuit · 2001
14 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- United States v. ClemensCourt of Appeals for the First Circuit · 2013
- United States v. Shepard-FraserCourt of Appeals for the First Circuit · 2015
- United States v. ScheetzCourt of Appeals for the Fourth Circuit · 2002
- United States v. Pineda-DovalCourt of Appeals for the Ninth Circuit · 2010
- United States v. ValdiviaCourt of Appeals for the First Circuit · 2012
44 more not listed; retrieve them via the Exa API.