United States v. Rice, 214 F.3d 1295 (11th Cir. 2000). · Go Syfert
United States v. Rice, 214 F.3d 1295 (11th Cir. 2000). Cases Citing This Book View Copy Cite
58 citation events (57 in the last 25 years) across 10 distinct courts.
Strongest positive: United States v. Aaron Green, Jr. (ca11, 2024-11-25)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Aaron Green, Jr.
11th Cir. · 2024 · confidence medium
This prong “requires nothing less than an immediate emergency.” United States v. Rice, 214 F.3d 1295, 1297 (11th Cir. 2000).
discussed Cited as authority (rule) United States v. Gerald Little (2×) also: Cited "see"
11th Cir. · 2024 · confidence medium
“The first prong re- quires nothing less than an immediate emergency.” United States v. Rice, 214 F.3d 1295, 1297 (11th Cir. 2000).
discussed Cited as authority (rule) United States v. Michael Robinson
11th Cir. · 2024 · confidence medium
This court has held that a federal justification defense exists as to 18 U.S.C. § 922 (g)(1) if the defendant: (1) was under “immi- nent . . . threat of death”; (2) did not recklessly place themselves in that situation; (3) had no reasonable alternative to possessing a gun; and (4) “there was a direct causal relationship between the criminal action and the avoidance of the threatened harm.” United States v. Rice, 214 F.3d 1295, 1297 (11th Cir. 2000).
discussed Cited as authority (rule) United States v. Michael Robinson
11th Cir. · 2024 · confidence medium
This court has held that a federal justification defense exists as to 18 U.S.C. § 922 (g)(1) if the defendant: (1) was under “immi- nent . . . threat of death”; (2) did not recklessly place themselves in that situation; (3) had no reasonable alternative to possessing a gun; and (4) “there was a direct causal relationship between the criminal action and the avoidance of the threatened harm.” United States v. Rice, 214 F.3d 1295, 1297 (11th Cir. 2000).
cited Cited as authority (rule) United States v. Leonard Charles Sapp
11th Cir. · 2023 · confidence medium
United States v. Rice, 214 F.3d 1295, 1297 (11th Cir. 2000).
cited Cited as authority (rule) United States v. Billy J. Pellett, Jr.
11th Cir. · 2022 · confidence medium
“The first prong requires nothing less than an immediate emergency.” United States v. Rice, 214 F.3d 1295, 1297 (11th Cir. 2000).
cited Cited as authority (rule) United States v. Corderrel Dewayne Poole
11th Cir. · 2020 · confidence medium
Id. at 1298.
discussed Cited as authority (rule) State v. Mercer
N.C. · 2020 · confidence medium
See, e.g., United States v. Singleton, 902 F.2d 471–72 (6th Cir. 1990) (holding “that a defense of justification may arise in rare situations”) (citation omitted) (emphasis added); United States v. Rice, 214 F.3d 1295, 1297 (11th Cir. 2000) (finding that the justification defense “is reserved for ‘extraordinary circumstances’ ”) (citation omitted) (emphasis added).
discussed Cited as authority (rule) State v. Mercer
N.C. · 2020 · confidence medium
See, e.g., United States v. Singleton, 902 F.2d 471–72 (6th Cir. 1990) (holding “that a defense of justification may arise in rare situations”) (citation omitted) (emphasis added); United States v. Rice, 214 F.3d 1295, 1297 (11th Cir. 2000) (finding that the justification defense “is reserved for ‘extraordinary circumstances’ ”) (citation omitted) (emphasis added).
discussed Cited as authority (rule) United States v. Parnell
M.D. Ga. · 2014 · confidence medium
“Relevant direct evidence of a crime charged is always admissible unless it falls under a rule of exclusion.” United States v. Troya, 733 F.3d 1125, 1130 (11th Cir.2013) (citing United States v. Rice, 214 F.3d 1295, 1299 (11th Cir.2000)).
discussed Cited as authority (rule) United States v. Thor Hansen
11th Cir. · 2014 · confidence medium
“The first prong requires nothing less than an immediate emergency.” United States v. Rice, 214 F.3d 1295, 1297 (11th Cir.2000) (explaining the defense of justification in the context of the offense of being a felon in possession of a firearm).
discussed Cited as authority (rule) United States v. Peter Ashu (2×) also: Cited "see"
11th Cir. · 2011 · confidence medium
Proving imminent danger “requires nothing less than an immediate emergency.” United States v. Rice, 214 F.3d 1295, 1297 (11th Cir.2000).
cited Cited as authority (rule) United States v. Clarence Noble Jackson
11th Cir. · 2010 · confidence medium
“The first prong requires nothing less than an immediate emergency.” United States v. Rice, 214 F.3d 1295, 1297 (11th Cir.2000).
cited Cited as authority (rule) United States v. Earnest D. Battle
11th Cir. · 2009 · confidence medium
“The first prong requires nothing less than án immediate emergency.” United States v. Rice, 214 F.3d 1295, 1297 (11th Cir.2000).
cited Cited as authority (rule) United States v. Albert Bruce Singletary
11th Cir. · 2009 · confidence medium
Id.; United States v. Rice, 214 F.3d 1295, 1297 (11th Cir.2000).
discussed Cited as authority (rule) United States v. Flores
11th Cir. · 2009 · confidence medium
This court has explained that “[t]he first prong requires nothing less than an immediate emergency.” United States v. Rice, 214 F.3d 1295, 1297 (11th Cir.2000). 4 In the present ease, Cruz did not establish the elements of the justification defense.
discussed Cited as authority (rule) United States v. Troy Nolan Harkness
11th Cir. · 2008 · confidence medium
These elements “require[ ] nothing less than an immediate emergency,” United States v. Rice, 214 F.3d 1295, 1297 (11th Cir.2000), and “if there was a reasonable, legal alternative to violating the law, a chance both to refuse to do the criminal act and also to avoid the threatened harm, the defense[ ] will fail.” United States v. Bailey, 444 U.S. 394, 410 , 100 S.Ct. 624 , 62 L.Ed.2d 575 (1980) (quotation marks omitted).
cited Cited as authority (rule) United States v. Clinton Moss
11th Cir. · 2008 · confidence medium
To satisfy the first prong of the justification defense, the defendant must be facing an “immediate emergency.” United States v. Rice, 214 F.3d, 1295, 1297 (11th Cir. 2000).
cited Cited as authority (rule) United States v. Marlon Pollock
11th Cir. · 2007 · confidence medium
Moreover, since our decision in Deleveaux , we have stated, “[t]he first prong requires nothing less than an immediate emergency.” United States v. Rice, 214 F.3d 1295, 1297 (11th Cir.2000).
cited Cited as authority (rule) United States v. Antwan Lavarus Laster
11th Cir. · 2006 · confidence medium
United States v. Rice, 214 F.3d 1295, 1297 (11th Cir.2000).
cited Cited as authority (rule) United States v. Keith Thompson
8th Cir. · 2005 · confidence medium
United States v. Rice, 214 F.3d 1295, 1297 (11th Cir. 2000); see also United States v. Lomax, 87 F.3d 959, 961 (8th Cir. 1996) (giving the same elements for the justification defense in general).
cited Cited as authority (rule) United States v. Keith Thompson
8th Cir. · 2005 · confidence medium
United States v. Rice, 214 F.3d 1295, 1297 (11th Cir.2000); see also United States v. Lomax, 87 F.3d 959, 961 (8th Cir.1996) (giving the same elements for the justification defense in general).
discussed Cited "see" United States v. Christopher Gilcrest (2×)
11th Cir. · 2019 · signal: see · confidence high
See Rice, 214 F.3d at 1298–99 (“Because [the defendant] has not shown that his possession of the firearm occurred only while faced with an ‘unlawful and present, imminent, and impending threat of death or serious bodily injury,’ he failed to establish a justification defense.
cited Cited "see" United States v. Daniel Troya
11th Cir. · 2013 · signal: see · confidence high
See United States v. Rice, 214 F.3d 1295, 1299 (11th Cir.2000); United States v. Martin, 794 F.2d 1531, 1533 (11th Cir.1986) (per curiam).
discussed Cited "see" United States v. Austin
6th Cir. · 2005 · signal: see · confidence high
See United States v. Rice, 214 F.3d 1295, 1297-98 (11th Cir.2000) (finding imminence requirement not met where defendant obtained a firearm after more than a year of beatings and specific threats by a local gang); United States v. Perez, 86 F.3d 735, 737 (7th Cir.1996) (finding no imminence when defendant, fearing robbery by individuals lurking outside his apartment, carried a weapon with him when he left, and stating that “[t]he defense of necessity will rarely lie in a felon-in-possession case unless the ex-felon, not being engaged in criminal activity, does nothing more than grab a gun wi…
discussed Cited "see, e.g." United States v. Ernest Vereen, Jr.
11th Cir. · 2019 · signal: see also · confidence low
See id. (citing United States v. Wofford , 122 F.3d 787 , 789-90 (9th Cir. 1997) ; United States v. Paolello , 951 F.2d 537 , 540 (3d Cir. 1991) ; United States v. Singleton , 902 F.2d 471 , 472 (6th Cir. 1990) ; and United States v. Gant , 691 F.2d 1159 , 1162-63 (5th Cir. 1982) ); see also Pattern Jury Instructions, Criminal Cases, Eleventh Circuit, Special Instruction Number 16, entitled "Duress and Coercion (Justification or Necessity)." We've emphasized that "[t]he first prong requires nothing less than an immediate emergency." United States v. Rice , 214 F.3d 1295 , 1297 (11th Cir. 2000)…
cited Cited "see, e.g." United States v. Michael B. Enoch
11th Cir. · 2015 · signal: see also · confidence medium
United States v. Deleveaux, 205 F.3d 1292, 1297-98 (11th Cir.2000); see also United States v. Rice, 214 F.3d 1295, 1297 (11th Cir.2000).
discussed Cited "see, e.g." Branton v. State
Ga. Ct. App. · 2008 · signal: see also · confidence medium
See Harden v. State, 272 Ga. App. 559, 560 (1) ( 612 SE2d 877 ) (2005). 14 163 Ga. App. 511 ( 295 SE2d 179 ) (1982). 15 See Bridges v. State, 279 Ga. 351, 355 (6) ( 613 SE2d 621 ) (2005); Nguyen v. State, 273 Ga. 389, 398 (3) ( 543 SE2d 5 ) (2001). 16 See Brady v. State, 169 Ga. App. 316, 318 (4) ( 312 SE2d 632 ) (1983) (while the State’s question to a witness regarding whether the defendant had any outstanding warrants “invited the witness to place [the] defendant’s character in evidence, there was no harm suffered since the answer was in the negative”). 17 See id.; Kania v. State, 28…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Otis Lee RICE, Defendant-Appellant
99-4106.
Court of Appeals for the Eleventh Circuit.
Jun 16, 2000.
214 F.3d 1295
Timothy Day, Federal Public Defender, Ft. Lauderdale, FL, for Defendant-Appellant., Curtis B. Miner, Carol E. Herman, Miami, FL, for Plaintiff-Appellee.
Cox, Wilson, Roney.
Cited by 33 opinions  |  Published
RONEY, Senior Circuit Judge:

Defendant Otis Lee Rice appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). His most persuasive argument is that the district court erred in excluding evidence supporting a defense of justification. According to Rice’s proffer, he possessed the gun to protect himself against a local gang that had repeatedly[*1297] beaten and threatened him. We affirm on the ground that the facts proffered were insufficient to establish a justification defense.

The criminal offense of being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1) is a strict liability offense, which ordinarily renders a defendant’s state of mind irrelevant. See United States v. Funches, 135 F.3d 1405, 1407 (11th Cir.1998); United States v. Thompson, 25 F.3d 1558, 1563-64 (11th Cir.1994). We stated in a recent opinion, however, that a justification defense to a § 922(g)(1) charge would be established if the defendant could show the following four elements: (1) that the defendant was under an unlawful and present, imminent, and impending threat of death or serious bodily injury; (2) that the defendant did not negligently or recklessly place himself in a situation where he would be forced to engage in criminal conduct; (3) that the defendant had no reasonable legal alternative to violating the law; and (4) that there wás a direct causal relationship between the criminal action and the avoidance of the threatened harm. See United States v. Deleveaux, 205 F.3d 1292, 1297-98 (11th Cir.2000) (holding that evidence warranted jury instruction on justification defense and that defendant was properly required to prove defense by preponderance of the evidence), petition for cert. filed, No. 99-8842 (U.S. March 24, 2000).

The defense, however, is reserved for “extraordinary circumstances.” See Deleveaux, 205 F.3d at 1298. The first prong requires nothing less than an immediate emergency. In United States v. Parker, 566 F.2d 1304, 1305-06 (5th Cir.1978) [1] , the defendant retained possession of a gun for thirty minutes after being attacked in his home. In United States v. Scales, 599 F.2d 78, 80 (5th Cir.1979), the defendant purchased a gun and gave it to- his wife after their home had been burglarized. In neither of these cases was the defense of justification established. See Parker, 566 F.2d at 1306-07; Scales, 599 F.2d at 81.

Similarly, other circuits do not allow a justification defense to a § 922(g)(1) prosecution ' in the absence of an immediate emergency. Compare, e.g., United States v. Newcomb, 6 F.3d 1129, 1135-36, 1138 (6th Cir.1993) (justification defense allowed where defendant briefly possessed shotgun and shells after disarming dangerous individual), United States v. Paolello, 951 F.2d 537, 541-43 (3rd Cir.1991) (justification defense allowed where, after knocking gun out of attacker’s hand to protect third person, defendant picked gun up off ground and ran with it to prevent attacker from getting it), and United States v. Panter, 688 F.2d 268, 269-72 (5th Cir.1982) (defendant, who while pinned to floor after being stabbed in stomach reached for club in self defense but instead grabbed gun, allowed to assert justification defense to prosecution under predecessor statute to § 922(g)(1)), with United States v. Wofford, 122 F.3d 787, 790-91 (9th Cir.1997) (no justification defense where most recent specific threat occurred five months before possession of firearm), and United States v. Perrin, 45 F.3d 869, 875 (4th Cir.1995) (no defense where shotgun-wielding antagonist’s most recent visit to defendant’s apartment occurred two days prior to defendant’s possession of firearm).

The facts, as proffered by the defendant, do not meet the standard of an immediate emergency. Prior to obtaining the gun, Rice had been repeatedly harassed and threatened by members of a neighborhood gang called “The Thug Life,” In September 1996, Rice was beaten and robbed as he was leaving a grocery store. In December 1996, gang members robbed Rice as he was making a phone call from a pay phone. In April 1997, Rice was beaten with a baseball bat. After Rice reported the April 1997 attack and the[*1298] Thug Life’s drug dealing to police, he was threatened for being a snitch. In May 1997, gang members confronted Rice at the beach, accused him of being a snitch, and hit him in the head with a beer bottle, causing lacerations that required hospital treatment. In September 1997, he was beaten by gang members “for no reason.” In December 1997, Rice was surrounded by gun-wielding gang members at a laundromat, but the gang fled when bystanders threatened to call the police. Once, in December 1997, gang members went to Rice’s home when Rice was not present.

In response, Rice “changed his address” and attempted to avoid the gang. In January 1998, Rice obtained a firearm.

On February 20, 1998, Rice was walking to his job to pick up his paycheck when he encountered members of the gang. He returned home, retrieved his gun, and departed again for his job. On the way home after picking up his check, he saw gang members approaching and shot his gun in the air to frighten them away.

On February 21, 1998, while walking to a store, Rice was verbally threatened by gang members. He returned home to get his gun, and departed again for the store. Shortly thereafter, police officers, who were looking for Rice for a separate offense, found him leaned over a parked car, chatting with someone inside and drinking beer. The officers discovered the gun and arrested him.

There was no error in the district court’s determination that Rice failed to establish a justification defense. Rice was not under an “unlawful and present, imminent, and impending threat of death or serious bodily injury.” Deleveaux, 205 F.3d at 1297; see Parker, 566 F.2d at 1306-07; Scales, 599 F.2d at 80. In fact, it appears that not once between his acquisition of the firearm in January 1998 and his arrest on February 21, 1998 was Rice faced with an immediate emergency of the type found by other circuits to justify the possession of a firearm. See, e.g., Newcomb, 6 F.3d at 1135-36, 1138; Paolello, 951 F.2d at 541—43; Panter, 688 F.2d at 269-72. Indeed, at the time of his arrest, the Thug Life was nowhere to be seen. Rice was on the street, engaged in conversation and drinking beer, while holding the firearm.

United States v. Gomez, 92 F.3d 770 (9th Cir.1996), cited by Rice, is distinguishable. The defendant in Gomez, a witness in the prosecution of a major drug dealer, learned that a contract had been taken out on his life and received numerous death threats. The defendant knew that the drug dealer had previously tried to have other witnesses against him murdered. After the authorities ignored the defendant’s pleas for protection, the defendant armed himself. See 92 F.3d at 772-73. The court held that the danger was “present and immediate,” emphasizing that “it was unlikely that [the drug dealer] would cool off and lose interest” in the defendant, given that the drug dealer “was deeply involved in the exportation of illegal substances,” and had “amply demonstrated his willingness to kill to avoid conviction.” 92 F.3d at 776. The defendant in Gomez, therefore, was confronted by an extraordinary threat, as later cases have explained:

[Ojnly in the most extraordinary circumstances, illustrated by United States v. Gomez, where the defendant had sought protection from the authorities without success, will the defense entitle the ex-felon to arm himself in advance of the crisis merely because he fears, however sincerely and reasonably, that he is in serious danger of deadly harm.

United States v. Perez, 86 F.3d 735, 737 (7th Cir.1996); see Wofford, 122 F.3d at 791 (quoting Perez).

Although Rice’s allegations of numerous beatings and threats are serious, the generalized danger to him was not “extraordinary” as in Gomez. Among other things, there was no evidence of an equally compelling motive for the attacks, that the Thug Life’s influence extended beyond the neighborhood, or that the authorities were unwilling to protect Rice.

Because Rice has not shown that his possession of the firearm occurred only[*1299] while faced with an “unlawful and present, imminent, and impending threat of death or serious bodily injury,” Deleveaux, 205 F.3d at 1297, he failed to establish a justification defense. There was no error in excluding the proffered evidence.

Rice’s remaining contentions are meritless, and in any event would not warrant reversal under the harmless error rule, see Fed.R.Crim.P. 52(a), given his admission that he was a convicted felon in possession of a firearm. Rice argues that the district court abused its discretion by allowing the government to present evidence of the confrontation between Rice and Larry Daughtry on February 20,1998, the day before the arrest, in which Rice allegedly threatened Daughtry with a gun. This evidence, however, was admissible as direct evidence that Rice possessed a firearm “[o]n or about February 21, 1998,” as charged in the indictment. See United States v. Pope, 132 F.3d 684, 688-89 (11th Cir.1998).

Rice further contends that the district court abused its discretion in admitting the fact that his convictions of more than ten years before had been for burglary, robbery and indecent assault. The court did not clearly err in concluding that Rice’s testimony had opened the door to questions relating to the nature of those felony convictions. [2]

AFFIRMED.

1

. In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc), this court adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to October 1, 1981.

2

. We decided a similar case today, United States v. Bell, 214 F.3d 1299 (11th Cir.2000), holding that the defendant failed to proffer facts supporting a justification defense to an 18 U.S.C. § 922(g)(1) prosecution.