United States v. Ibrahim Bare

MEMORANDUM

Ibrahim Fahab Bare appeals his conviction and sentence for the crimes of felon in possession of firearms and ammunition. See 18 U.S.C. §§ 922 (g)(1), 924(a)(2). We affirm his conviction, vacate his sentence, and remand for resentencing.

(1) Bare first asserts that the district court erred when it refused to instruct the jury on his proposed defense of justification of firearm and ammunition possession. We disagree. Bare was not entitled to an instruction on justification unless he proffered sufficient evidence “to establish a justification defense.” United States v. Phillips, 149 F.3d 1026, 1030 (9th Cir.1998); see also United States v. Gomez, 92 F.3d 770, 775 (9th Cir.1996); United States v. Lemon, 824 F.2d 763, 765 (9th Cir.1987). He did not. Our careful review of the record demonstrates that he failed to present sufficient evidence to establish that he was under a present or imminent threat of serious harm to himself or his family, or that he did not recklessly place himself in danger, or that there were no legal alternatives to his arming himself and firing, or that his action in arming himself was actually directly connected to a threat. In short, it is difficult…