Question: Dixon bought guns at gun shows while she was under indictment for a felony in violation of federal law that bars those under felony indictment
Dixon bought guns at gun shows while she was under indictment for a felony in violation of federal law that bars those under felony indictment from firearms ownership.
She made false statements on the applications to buy the guns. She was indicted and convicted of receiving a firearm while under indictment and for making false statements.
She admitted that she bought the guns and lied, but said she did it because her boyfriend threatened to kill her or hurt her daughters if she did not buy the guns for him.
She appealed, contending due process had been violated, because the judge did not agree with her claim that her defense-that she acted under duress-should be held to a preponderance of the evidence standard, while the government should have to prove beyond a reasonable doubt that she did not act under duress. Instead, the trial judge said both positions on duress would be held to a preponderance of the evidence standard. Did the trial court violate her Fourteenth Amendment due process rights?
[Dixon v. United States, 126 S. Ct. 2427 (2006)]
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