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U.S. v. ANDERSON

No. 87-2905.

885 F.2d 1248 (1989)

The UNITED STATES of America, Plaintiff-Appellee, v. Joe Alvin ANDERSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 28, 1989.

Attorney(s) appearing for the Case

Stanley G. Schneider, Thomas D. Moran, Houston, Tex., for defendant-appellant.

Paula C. Offenhauser, Frances H. Stacy and Don Degabrielle, Asst. U.S. Attys., Houston, Tex., for defendant-appellant.

Before CLARK, Chief Judge, GOLDBERG, GEE, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, and DUHE, Circuit Judges.

GEE and GARWOOD, Circuit Judges:

Today's case presents an unusual issue: whether or not we should continue to adhere to Circuit precedent permitting conviction of certain felonies without proof of mens rea. Concluding that such a rule is aberrational in our jurisprudence — a jurisprudence largely based on the Anglo-Saxon common law — we discard it.

Facts

Defendant Joe Alvin Anderson was arrested for possessing two automatic...

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