United States v. Tony Burke

How courts have described this case

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

• concluding the term \firearm\ under USSG 2D1.1(b) includes inoperable as well as operable firearms
• concluding the term “firearm” under USSG 2D1.1(b) includes inoperable as well as operable firearms
• accepting government’s concession that section 2D1.-1(b)(1) should not be read to apply absent scienter
• noting in discussing pre-November 1989 scienter requirement that possession with knowledge includes actual and constructive possession
• “[I]nsofar as section 2Dl.l(b) ... would enhance the defendant’s sentence, the burden of proof is on the prosecution to satisfy the factual prerequisites of the provision” by a preponderance of the evidence.
• courts will not imply scienter requirement into statute lacking it when “a reason to impose strict liability appear[s] in the legislative history or in the structure of the contested legal norm”

Source: CourtListener parenthetical corpus (CC0).