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U.S. v. DIAZ

No. 01-1446.

285 F.3d 92 (2002)

UNITED STATES of America, Appellee, v. Aldrin DIAZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 26, 2002.

Attorney(s) appearing for the Case

Eileen F. Shapiro, by Appointment of the Court, for appellant.

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.

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

COFFIN, Senior Circuit Judge.

Appellant Aldrin Diaz seeks reversal of his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He asserts that the district court committed plain error by placing the burden on him to prove his defense of justification. He alternatively challenges the district court's decision to depart upward from the Sentencing Guidelines. We find no plain error in the instruction, but detect flaws in...

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