This is Sanford Hausler's blog about the United States Court of Appeals for the Second Circuit and its opinions. Nothing in this blog constitutes legal advice. But feel free to contact me at shausler at justice.com if you need help with an appeal either in the Second Circuit or in the New York appellate courts.
Thursday, May 06, 2004
Oy! "We are left in the unhappy position of being required to reverse a conviction notwithstanding our knowledge that the defendant is guilty. That is the consequence of being governed by the rule of law." That's what the Second Circuit said in United States v. Jackson, where it reversed the conviction of Aaron L. Jackson for being in possession of ammunition by a previously convicted felon, in violation of 18 U.S.C. 922(g)(1). the government had proved that he was a previously convicted felon by introducing a court record showing a New York felony conviction for a person named Aaron Jackson. But the government did not show that the conviction related to this Aaron Jackson, and, therefore, had not proved its case beyond a reasonable doubt. The case can be found at the Second Circuit website.
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