United States v. Baird, No. 12-1565 (1st Cir. 2013)
Annotate this CaseDefendant purchased a stolen handgun. Two days later, Defendant returned the gun in exchange for the money he paid. Based on the time he possessed the weapon, Defendant was indicted and convicted of one count of possession of a stolen firearm and was sentenced to a $100 special assessment, a one-month jail term, and a two-year term of supervised release. The First Circuit Court of Appeals vacated Defendant's conviction and remanded the case for a new trial, holding that the district court erred when it declined to instruct the jury on "innocent possession," which would have allowed Defendant to make out a defense of innocent possession of the stolen weapon.
The court issued a subsequent related opinion or order on April 18, 2013.
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