CASE LAW UPDATE: Whether defendant did not establish justification defense in felon in possession of a firearm case?
Defendant was charged with felon in possession of a firearm. At trial, he raised the Justification Defense (necessity defense). The District Court denied the defense. Defendant was convicted. Defendant appealed. On appeal, the Eighth Circuit Court of Appeals held that the District Court did not err on the grounds that (1) defendant failed to produce evidence that he took reasonable steps to dispossess himself of the weapon once the threat abated; and (2) the defendant did not take advantage of reasonable, legal alternatives to continued possession of the firearm. Affirmed.
United States v. Still, 20-3103, Wollman, J. Appealed from the United States District Court, Southern District of Iowa.