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United States v. Moore

United States Court of Appeals, Sixth Circuit

October 23, 2013

United States of America, Plaintiff-Appellee,
v.
Jafari T. Moore, Defendant-Appellant.

Argued: October 9, 2013

Appeal from the United States District Court for the Eastern District of Kentucky at Lexington. No. 5:12-cr-00089-1—Joseph M. Hood, District Judge.

COUNSEL

ARGUED:

Robert L. Abell, Lexington, Kentucky, for Appellant.

Elisabeth A. Sigler, UNITED STATES ATTORNEY'S OFFICE, Lexington, Kentucky, for Appellee.

ON BRIEF:

Robert L. Abell, Lexington, Kentucky, for Appellant.

Charles P. Wisdom, Jr., Robert M. Duncan, Jr., UNITED STATES ATTORNEY'S OFFICE, Lexington, Kentucky, for Appellee.

Before: KEITH and SUTTON, Circuit Judges; BLACK, District Judge.[*]

OPINION

SUTTON, Circuit Judge.

A federal jury convicted Jafari Moore of possession of a firearm by a convicted felon. His principal claim on appeal is that the district court should have instructed the jury about his affirmative defense that he possessed the gun out of necessity. We affirm.

I.

Jafari Moore and three friends wound up at Diva's, a strip club in Lexington, at the tail end of a night out. As the club closed, Moore followed his friends outside through ...


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