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Tag Archives: Firearm Possession

Criminal Practice – Firearm Possession – Personal Right of Self-Defense — ‘Home Possession’ – Insufficient Showing of Residence (access required)

U.S. v. Smoot A defendant cannot claim a personal right of self-defense under D.C. v. Heller to a weapons charge, as he did not prove that he lived at the address where he was arrested in the backyard; the 4th Circuit also rejects defendant’s challenge to the jury instruction on the interstate commerce element of the gun charge.

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Criminal Practice – Sentencing – Firearm Possession – Prior Assault Conviction (access required)

U.S. v. Donell In sentencing defendant for possession of a firearm as a convicted felon, a district court could not use an unincorporated “statement of probable cause” to establish a prior assault conviction as a “crime of violence” in order to enhance defendant’s firearm sentence, and the 4th Circuit vacates the 78-month sentence and remands for resentencing.

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