U.S. v. LEAHY

No. 05-1670.

473 F.3d 401 (2007)

UNITED STATES of America, Appellee, v. Jesse LEAHY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 19, 2007.


Attorney(s) appearing for the Case

Michael R. Schneider, with whom Salsberg & Schneider was on brief, for appellant.

F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.


SELYA, Circuit Judge.

This appeal calls upon us to confront a question explicitly reserved in United States v. Diaz, 285 F.3d 92, 97 (1st Cir. 2002), concerning the allocation of the burden of proof when a criminal defendant in a federal felon-in-possession case attempts to exonerate himself by claiming that he took possession of the firearm purely in self-defense.1 We hold that there is a justification...

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