United States v. Salvador Hernandez

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The Ninth Circuit reversed defendant's conviction for transportation of firearms into his state of residence. The panel held that, given the district court's broad jury instruction and the government’s theory of the case, it was not clear beyond a reasonable doubt that the jury actually found that defendant had willfully committed the charged conduct. The broad jury instruction, combined with the evidence of the commission of later crimes and the government's argument to the jury, resulted in significant prejudice to defendant. The panel explained that the rule from the common law requires that a defendant's mental state and act coincide for a conviction to be valid. Neither Bryan v. United States nor 18 U.S.C. 922(a)(3) and 924 deviate from this rule. View "United States v. Salvador Hernandez" on Justia Law