U.S. v. SCHULTE

No. 93-1252.

7 F.3d 698 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. David F. SCHULTE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 21, 1993.


Attorney(s) appearing for the Case

Thomas Edward Leggans, Suzanne M. Wissmann (argued), Office of the U.S. Atty., Crim. Div., Fairview Heights, IL, for the U.S.

David R. Freeman, Federal Public Defender, Andrea L. Smith (argued), Office of Federal Public Defender, East St. Louis, IL, for David F. Schulte.

Before COFFEY and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


COFFEY, Circuit Judge.

A jury convicted David F. Schulte of two counts of possession of an unregistered firearm in violation of 26 U.S.C. § 5861(d). The jury acquitted Schulte of two counts of possessing a firearm not identified by a serial number. 26 U.S.C. § 5861(i). Schulte admits his illegal possession of the weapons because he had a justifiable fear for the safety of his family. He argues that the district court erred by refusing to instruct the jury...

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