United States v. Harold Austin

41 F.3d 1514 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Harold AUSTIN, Defendant-Appellant. No. 94-10144. United States Court of Appeals, Ninth Circuit. Submitted Nov. 15, 1994. * Decided Nov. 18, 1994. Before: LAY, ** PREGERSON, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM *** 2 Appellant Harold Austin contends that the district court abused its discretion in refusing to give the jury a self-defense instruction. We reject Austin's contention. 1 3 * To merit a justification defense to a charge of violating the felon in possession statute, 18 U.S.C. Sec. 922 (g)(1), Austin must demonstrate that: 4 (1) he was under unlawful and present threat of death or serious bodily injury; 5 (2) he did not recklessly place himself in a situation where he would be forced to engage in criminal conduct; 6 (3) he had no reasonable legal alternative; and 7 (4) there was a direct causal relationship between the criminal action and the…