United States v. Xavier case brief

 

• United States v. Xavier: Franklin and Clement Xavier – brothers- discovered one of their enemies, Alton Pennyfeather, seated in a car outside a store. Clement instructed his brother to wait inside the store until he returned. When he got back, he was with an unidentified man and a .38 caliber pistol which Clement gave to Franklin who subsequently shot at Pennyfeather’s car. Clement was convicted of aiding and abetting an ex-felon under 10 USC §2(a) 922(g). Clement admits to having the PURPOSE to give the gun, which is not a crime, but it is only a crime if the person is a felon. This is not a luperallo jurisdiction – he also needs the purpose as to the crime.
  • As written the statute (SL for the felon! – not for the accomplice) requires proof of knowledge or reasonable cause to believe of an ex-felon’s status to be convicted of aiding and abetting under 922.
  • A D cannot be convicted of aiding and abetting a convicted felon’s possession of a firearm if the prosecution has not shown that he had knowledge of the possessor’s prior felony.