U.S. v. GARRETT

No. 92-3483.

984 F.2d 1402 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Regina Kay GARRETT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 18, 1993.


Attorney(s) appearing for the Case

Eugene P. Cicardo, Alexandria, LA, for defendant-appellant.

Herbert W. Mondros, Asst. U.S. Atty., Harry Rosenberg, U.S. Atty., New Orleans, LA, for plaintiff-appellee.

Before POLITZ, Chief Judge, GARWOOD and DAVIS, Circuit Judges.


GARWOOD, Circuit Judge:

Like many people trying to catch a plane around the holidays, Regina Kay Garrett was in a hurry. Unlike most, she forgot that she had a gun in her purse, or so she says. The principal question we decide today is whether the federal statute that criminalizes this conduct requires any degree of mens rea as an element of the offense. We hold that a "should have known" standard applies.

Facts and Proceedings Below

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