United States Seventh Circuit

Grant of a new trial for knowing possession of a listed chemical is reversed where 1) a public authority defense did not negate an element of the charged offense that the Government needed to prove beyond a reasonable doubt; 2) Congress did not intend to alter the common law rules governing the public authority defense for this type of charge; and 3) it was not plain error for the district court to fail to instruct the jury that the burden rested on defendant to establish the elements of the public authority defense by a preponderance of the evidence.

Appellate Information

• Argued 01/19/2007
• Decided 07/16/2007
• Published 07/16/2007

Judges

• RIPPLE, Circuit Judge., Before RIPPLE, KANNE and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Terra Brown (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Susan Shatz, Michael J. McDermott (argued), Chicago, IL, Defendant-Appellee.