Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

United States v. Shaw

United States Court of Appeals for the First Circuit
670 F.3d 360 (2012)


Facts

The United States government (plaintiff) prosecuted Hazen Shaw (defendant) for possessing an unregistered sawed-off shotgun shorter than 18 inches in length, in violation of 26 U.S.C. §§ 5861 and 5871. Each statute contained a scienter element but no express mens rea element. The trial evidence showed that state troopers responded to a report that a man was firing shots in a residential area. The man sped away in his car and later tried to elude a roadblock by ramming a trooper's vehicle. Troopers finally trapped the man, and as they approached his car, they heard him unload a pump-action shotgun. The troopers identified the man as Shaw and arrested him for eluding arrest and reckless conduct. The troopers searched the passenger compartment of Shaw's car and found a shotgun that was visibly sawed-off, a spent shell, and ammunition in Shaw's pack and on his hunting belt. The shotgun's interior barrel length was 16.25 inches, and the barrel's exterior appearance was even shorter. A state police expert could tell at first glance that the barrel was too short. Troopers found a longer sawed-off shotgun with a different gauge in the car's trunk. Additional evidence indicated that Shaw had been sitting in his car and shooting at game through the car's open window. Shaw contended that the government failed to prove that he knew the barrel was too short, and moved to dismiss the case. The trial judge denied Shaw's motion and the jury convicted him. Shaw appealed to the United States Court of Appeals for the First Circuit.

Rule of Law

Issue

Holding and Reasoning (Howard, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial