The Case Of Ms. Borne Under 26 US C. 5845
The trial court convicted Ms. Borne under 26 U.S.C. 5845(f)(3) and sentenced her to 12-months in prison. The court of appeals affirmed, concluding that the conviction was proper based on the evidence presented at trial. According to the court of appeals, the prosecution proved—beyond a reasonable doubt—that Ms. Borne’s items: (1) could be readily assembled in a destructive device and (2) were designed, or intended for use as a destructive device. This was a reversible error.
A. The government failed to show the items could readily assemble into a weapon
The government’s proof fails on the very first element of a proper §5845(f)(3) charge: evidence establishing the possessed items could readily create a destructive device. 26 U.S.C. §5845(f)(3).
…show more content…
Id. As the court explained, reversal was appropriate here because though the dynamite could have been used in a device covered by 5845(f), the evidence showed Posnjak ultimately did not possess all the components necessary to construct such a device. Id.
Similarly, this record contains no evidence that Ms. Borne possessed all of the necessary components to produce a destructive device. Therefore, because the items in question could not combine to produce any destructive device enumerated in 5845(f)(1) or (2), Ms. Borne’s conviction should be vacated.
B. The government failed to establish the items actually in Ms. Borne’s possession could be objectively viewed as component parts to a destructive
…show more content…
Borne actually possessed were designed to produce a device proscribed in §5845(f)(1) or (2). The hairspray was not limited to functioning as a fuel source, the matches were devised to light far more than just fuses and the cylinder, though unique, could clearly be adapted to numerous legal and commercial purposes. If fact, the record indicated that Mr. Triton produced an exact replica of this item for that very purpose. Further, there is no evidence that Ms. Borne knew about—much less possessed—the USB that the Fourteenth Circuit held to be “a completed weapon.” The record shows she did not actually possess the item at the time of the arrest, nor did she know about its existence at all for that matter. Therefore, the evidence fails to establish any comprehensible reason for believing Ms. Borne’s items explicitly fell within the statutory definition of destructive
Bratton V. Balmon Case Brief
1783 Words | 8 PagesA. Re Opening Statements: The Prosecution has the job of proving that the defendant, Jordan Bratton committed murder in the first degree by killing the victim, Preston Balmen. The evidence that they have which supports their case is as follows. The police found that there were tire tracks behind Preston Balmen’s house, which matched the tires on Jordan Bratton’s car: a maroon 1990’s Buick Century. It was determined by a medical examiner that Preston Balmen had been strangled to death with a cord-like object and that a microphone cord found in Jordan Bratton’s car is most likely the weapon that was used to strangle the victim. The examiner also determined by the way the victim was strangled, that the suspected murderer stood at a similar
Forensics: The Timothy Mcveigh Trial
167 Words | 1 PagesIn the forensic investigation, there were 6 pieces of forensic finding used in Timothy McVeigh trial. The first set of the finding was the earplugs that he wore to silent the noise of the explosive. Meanwhile, there was a trace of residue found in his jean pockets along with two t-shirts and a knife with the sheath. Therefore, due to the positive mixture founded on McVeigh, the prosecutor believe that McVeigh was involved in making a bomb from a mixture of ammonium nitrate and fuel oil. It was believed after, Timothy McVeigh also participated in placing the barrel of bomb ingredients in the back of the rental Ryder truck.
Herbert Landry Case
438 Words | 2 PagesThe dog handler identified Landry’s shoe and his sock. As evidence was sent to the lab for testing, Landry’s shoe and his sock were the only two pieces of evidence that were tested. Based on the lab results, no flammable liquids were found on the floor or on his clothing. In defense, at trial, the dog handler testified that the dog, “was more sensitive and accurate than laboratory testing equipment.”
James Beck's Racial Profiling
4455 Words | 18 Pages1) Introduction This report is being written by Department of Homeland Security forensic examiner James Beck, regarding the investigation of Anwar Tsarni. Anwar is a Chechen native, and a known associate of Dzhokhar and Tamerlan Tsarnaev, and has traveled to an area known for its terrorist training camp. After surveillance it is believed that he may be involved in planning a terrorist attack. He is currently working as a graduate teaching assistant at George Mason University, located at 10900 University Blvd Manassas, VA 20110.
Compare And Contrast Croaker V. Clarke
386 Words | 2 PagesFACTS: The defendant (Lake) encountered Clarke sitting on the beach and he demanded Clarke’s white car keys for several times. But, when Clarke refused, Lake pulled out a gun and walked Clarke out to the water. At that time, Clarke saw his friend (Croaker) and he called out to warn her. Thereafter, Lake saw her and demanded her car’s keys. When she refused, he held the gun to Croaker’s head and she gave him the keys.
Polly Kennon Case Study
445 Words | 2 PagesAs Ollin Crawford’s district attorney, she has served more than enough time for four crimes using a fake weapon and committed the crimes within two months apart back in 1984. Unlike, Sue Kennon who received a much lower sentence. Ms. Kennon also used a fake weapon and committed four crimes within eight days apart. Both woman were tried under the Virginia’s Three-Strike law. The intent of the, “Three-Strike law was described by its proponents as targeting the most violent career criminals and gained public favor in the wake of such heinous crimes as the Polly Klass murder,” (criminal justice pg, 111).
US Supreme Court Case: The Mapp Vs. Ohio Case
955 Words | 4 PagesThe Supreme Court stated the proof could not be used against the person in state courts and that Dollree Mapp could not be convicted. Mapp was released and her case helped to strengthen the meaning of the Fourth Amendment. The matter also limited police power. I agree with the final outcome of the case. I would say the Supreme Court made the right decision with the information given.
Jury Argumentative Analysis
60 Words | 1 PagesJury convicted on weapons possession but acquitted on possession of the trunk contents. D’s argued that the guns were in the possession of the girl and they did not have possession. D’s challenged the constitutionality of the New York State statute which allowed a charge of illegal possession if a gun was found in a car occupied by all individuals
Dk Dbq Analysis
742 Words | 3 PagesAccording to the Fourth Amendment, people have the right to be secure in their private property, and may only be searched with probable cause. However, in a recent case, this right was violated by the government. An Oregon citizen, with the initials of DLK, was suspected of growing marijuana in his home. The federal government used a thermal imager to scan his home, and were later given a warrant to physically search his home. However, many remain divided over whether or not this scan was constitutional, as there was no warrant at the time of the scan.
Reduction In Force Case Study
505 Words | 3 PagesYour district must implement a Reduction in Force (RIF) based on declining enrollment and budget cuts. You have recommended a list of teachers from your school to the superintendent. One of the teachers on the list had previously filed an EEOC suit against you alleging discrimination regarding a department chair’s position that she was not awarded. You know that she will allege retaliation as the basis for her layoff.
Persuasive Essay On Dvk
545 Words | 3 PagesTechnology has advanced over the past decade, providing law enforcement officials with new ways of gathering criminal evidence. However, these tools have raised some constitutional questions. An individual from Oregon with the initials DLK was involved in a case which had people wondering if agents violated his fourth amendment rights. Federal agents suspected that DLK was growing marijuana inside of his home, which drove agents to scan his house using a thermal scanner which showed heat just like the kind that is generated by using special lights in growing marijuana. A judge then issued agents a search warrant to check the home where they found 100 marijuana plants.
Case Study: Spinelli V. United States
519 Words | 3 PagesThe following essay will outline the variances of two case” Illinois v. Gates and Spinelli v. United States. It will discuss the Supreme Court requires to establish probable cause for a warrant. Illinois v. Gates In Illinois v. Gates, law enforcement received a letter (that was anonymous) stating that the Gate family was in the drug transporting business, and operating between the states of Florida and Illinois. Upon investigation, law enforcement discovered that Gates had made the purchase of an Air Line ticket, traveling to Florida.
Ddk Dbq
469 Words | 2 PagesFederal agents suspected DLK was growing marijuana in his home. To gather evidence they scanned his house with a device called a thermal imager. A thermal imager detects heat. The results of the scan showed abnormal heat signatures. However was that search constitutional?
Lizzie Borden Trial
1892 Words | 8 PagesIn 1892, a young woman named Lizzie Borden was accused of murdering her father and stepmother (“Lizzie Borden on Trial” 2). This accusation was influenced by the lack of evidence at the scene of the crime. There appeared to be no murder weapon, very few witnesses, and the house did not show any signs of an intruder (“Lizzie Borden on Trial” 5). Once the scene was investigated, it was determined that the cause of death for both victims was multiple blows to the head by an axe. Two axes were found in the home, and neither had a speck of blood (“Lizzie Borden on Trial” 14).
More about The Case Of Ms. Borne Under 26 US C. 5845
Bratton V. Balmon Case Brief
1783 Words | 8 PagesForensics: The Timothy Mcveigh Trial
167 Words | 1 PagesHerbert Landry Case
438 Words | 2 PagesJames Beck's Racial Profiling
4455 Words | 18 PagesCompare And Contrast Croaker V. Clarke
386 Words | 2 PagesPolly Kennon Case Study
445 Words | 2 PagesUS Supreme Court Case: The Mapp Vs. Ohio Case
955 Words | 4 PagesJury Argumentative Analysis
60 Words | 1 PagesFalse Statements On Television About Coach Josephs
604 Words | 3 PagesDk Dbq Analysis
742 Words | 3 PagesReduction In Force Case Study
505 Words | 3 PagesPersuasive Essay On Dvk
545 Words | 3 PagesCase Study: Spinelli V. United States
519 Words | 3 PagesDdk Dbq
469 Words | 2 PagesLizzie Borden Trial
1892 Words | 8 Pages