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United States Seventh Circuit


US v. TOKASH, 01-2103, 01-2286, 01-2295

Vague and conclusory allegations by defendants about tense prison situation and their generalized fears regarding future threats, proffered in response to government's motion in limine to preclude presentation of necessity defense to weapons charges, were insufficient as a matter of law to support the affirmative defense.

Appellate Information

  • Argued 12/05/2001
  • Decided 03/11/2002
  • Published 03/11/2002

Judges

  • COFFEY, Circuit Judge., Before COFFEY, RIPPLE, and DIANE P. WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • James M. Cutchin (argued), Office of the U.S. Atty., Benton, IL, for United States of America., Lawrence J. Fleming (argued), Office of the Fed. Pub. Def., East St. Louis, IL, for Joseph L. Tokash., Lawrence J. Fleming (argued), Office of the Fed. Pub. Def., East St. Louis, IL, John D. Stobbs, II, East Alton, IL, for Mitchell E. Kolb., Lawrence J. Fleming (argued), Office of the Fed. Pub. Def., East St. Louis, IL, John M. Delaney, Jr., East Alton, IL, for John D. Usher.

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