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· 9/17/2010

United States v. Ellis, Bernard

Citations

  • 622 F.3d 784
  • 2010 U.S. App. LEXIS 19458
  • 2010 WL 3605499

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that because the element of threatening to “unlawfully injure” a person under Indiana’s intimidation statute was not limited to threats of physical injury, a conviction under that statute did not constitute a “violent felony” under the ACCA
  • intentionally directing the actions of a person with physical possession of a known firearm constitutes constructive possession of the firearm
  • “a gang leader constructively possesses a gang firearm when he has knowledge of the firearm’s existence and intentionally directs the actions of those who physically possess it”
  • \It is unclear how the doctrine of issue preclusion applies in criminal sentencing.\
  • “It is unclear how the doctrine of issue preclu- sion applies in criminal sentencing.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Easterbrook, Rovner, Sykes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.