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· 4/6/2015

United States v. Emmanuel Asante

Citations

  • 782 F.3d 639
  • 2015 U.S. App. LEXIS 5452
  • 2015 WL 1516021

How courts have described this case

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

  • holding that knowledge of intent was not required if the circumstances gave the defendant reason to believe that the weapons would be used unlawfully
  • explaining that when determining whether a defendant knew his conduct would result in the transfer of firearms to someone that would trigger the trafficking enhancement, courts look “to the circumstances known to the defendant”
  • upholding § 2K2.1(b)(5) enhancement when there was evidence of several purchases by a single buyer, resales of guns, use of a straw buyer, or obliteration of serial numbers on guns
  • denying the § 2K2.1(b)(5) enhancement because \the Government failed to present any evidence that [the defendant] knew that his conduct would result in a firearm being transferred to such an individual [one convicted of the narrowly defined offenses]\

Source: CourtListener parenthetical corpus (CC0).

Judges: Marcus, Pryor, Ebel

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.