United States v. Willie Beasley

Good Law
2003 Daily Journal DAR 11239·346 F.3d 930·2003 WL 22285313·2003 Cal. Daily Op. Serv. 8935·2003 U.S. App. LEXIS 20303
United States Court of Appeals for the Ninth CircuitOctober 6, 200302-10395California2,595 words

Opinion

Opinion

Leavy, J.

Willie Beasley appeals his conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). Beasley asserts error in the district court’s jury instructions regarding his defense of justification. This appeal requires us to decide which party has the burden of proof when a defendant raises a justification defense to the federal charge of being a felon in possession of a firearm. We hold that the court properly instructed the jury that Beasley must prove justification by a preponderance of the evidence.

I. Facts and Procedural History

At least nine men were involved in a late night street fight in the Tenderloin District of San Francisco. Beasley was one of the men involved in the fight, and, during the fight, he grabbed a handgun that one of his companions was waving around. Beasley stuck the gun in his pants pocket. Just as Beasley was walking away, a police car with two officers arrived on the scene. One officer got out of his car and told Beasley to stop, but Beasley started running. After running about a block, Beasley threw the gun on the ground between some parked cars. The second officer followed Beasley by car, and, within minutes arrested…

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