Legal Opinion
United States v. McArthur
Court of Appeals for the Eleventh Circuit
Decided March 31, 1997No. 94-7057PublishedCited by 32 opinions
1Opinion of the Court
KRAVITCH, Senior Circuit Judge:
Title 18, United States Code, section 930(a), bans the knowing possession of a firearm in a federal facility. A separate subsection of the statute conditions convictions under this provision upon the posting of conspicuous notice of the prohibition. The main issue in this case, and one of first impression, is whether proof of adequate notice is an element of the crime of possession or an affirmative defense. We hold that it is an affirmative defense. We also hold, consistent with established precedent, that a restitution order under the Victim'and Witness…
2Cases cited26 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Staples v. United StatesSupreme Court of the United States · 1994
- United States v. WattsSupreme Court of the United States · 1997
- United States v. X-Citement Video, Inc.Supreme Court of the United States · 1994
21 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- United States v. Ricco Devon PrentissCourt of Appeals for the Tenth Circuit · 2001
- United States v. SaffoCourt of Appeals for the Tenth Circuit · 2000
- United States v. FoleyCourt of Appeals for the Eleventh Circuit · 2007
- United States v. Willard HartsockCourt of Appeals for the First Circuit · 2003
- United States v. Renard L. WashingtonCourt of Appeals for the Eleventh Circuit · 2006
27 more not listed; retrieve them via the Exa API.