United States v. Penn Docket: 19-10168 Opinion Date: August 5, 2020 Judge: Edith Brown Clement Areas of Law: Criminal Law The Fifth Circuit affirmed defendant's conviction and sentence for being a felon in possession of a firearm. The court held that defendant failed to present sufficient evidence on the fifth element of his justification defense and the district court properly refused to instruct the jury on the defense. Furthermore, even if the district court erred by excluding evidence related to the defense, the error was harmless. However, the court reversed the district court's restitution order, holding that the restitution imposed as a condition of supervised release can compensate only for losses caused by the specific conduct that is the basis for the offense of conviction. Therefore, even if the district court intended to order restitution as a condition of supervised release, the district court lacked authority to do so. Finally, the court held that precedent foreclosed defendant's contention that 18 U.S.C. 922(g), as construed, is unconstitutional. Read Opinion
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