United States First Circuit

Because a circuit conflict exists as to the burden of proving justification in a felon-in-possession of firearm case, and the law on that issue is unsettled in the First Circuit, even if it was error to place the burden of proving justification defense on the defendant, any such error could not be plain; because two of three provisions on which court based upward departure were utilized improperly, sentence vacated and remanded.

Appellate Information

• Decided 03/26/2002
• Published 03/26/2002

Judges

• COFFIN, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Eileen F. Shapiro, by Appointment of the Court, for appellant.


• For Appellees:
  
• Donald C. Lockhart, Assistant U.S. Attorney, with whom Stephanie S. Browne, Assistant U.S. Attorney, and Margaret E. Curran, United States Attorney, were on brief, for appellee.