United States v. Vincent L. Lomax, 87 F.3d 959 (8th Cir. 1996). · Go Syfert
United States v. Vincent L. Lomax, 87 F.3d 959 (8th Cir. 1996). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 2009 · …underlying evidentiary foundation at p. 961 ⚠ not in text
37 citation events (29 in the last 25 years) across 12 distinct courts.
Strongest positive: United States v. Kenneth Still (ca8, 2021-07-27)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Kenneth Still
8th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
moreover, a defendant cannot claim justification as a defense for an illegal action that he chose to pursue in the face of other potentially effective, but legal, options.
discussed Cited as authority (verbatim quote) United States v. Tonya Hyles
8th Cir. · 2008 · quote attribution · 1 verbatim quote · confidence high
the 'knowingly' element of section 922(g) applies only to the defendant's underlying conduct, not to her knowledge of the illegality of her actions.
cited Cited as authority (rule) United States v. Robert Parks
4th Cir. · 2011 · confidence medium
United States v. Estrella, 104 F.3d 3, 9 (1st Cir.1997); United States v. Lomax, 87 F.3d 959, 962 (8th Cir.1996).
discussed Cited as authority (rule) United States v. Thomas
8th Cir. · 2010 · confidence medium
There, this court stated that in a prosecution under § 922(g)(1), “it is well settled in this circuit that the government need only prove defendant’s status as a convicted felon and knowing possession of the firearm.” See also United States v. Lomax, 87 F.3d 959, 962 (8th Cir.1996) (“[T]he ‘knowingly’ element of section 922(g) applies only to the defendant’s underlying conduct, not to his knowledge of the illegality of his actions.”).
discussed Cited as authority (rule) United States v. Jerry Wood
6th Cir. · 2010 · confidence medium
See, e.g., United States v. Enslin, 327 F.3d 788, 798 (9th Cir.2003); United States v. Jackson, 120 F.3d 1226, 1229 (11th Cir. 1997); United States v. Lomax, 87 F.3d 959, 962 (8th Cir.1996); United States v. Capps, 77 F.3d 350, 352 (10th Cir.1996); United States v. Langley, 62 F.3d 602 (4th Cir.1995) (en banc); United States v. Dancy, 861 F.2d 77, 81 (5th Cir.1988); but see United States v. Kitsch, No. 03-594-01, 2008 WL 2971548 (E.D.Pa.
discussed Cited as authority (rule) United States v. Burnes
D. Minnesota · 2009 · confidence medium
While the circumstances surrounding defendant’s possession may arouse some sympathy, the Court concludes, as the Eighth Circuit has frequently concluded under similar circumstances, that “[ejven assuming such a defense is available in the context of § 922(g), [the defendant has] failed to present sufficient evidence to warrant a justification instruction.” El-Alamin, 574 F.3d at 925 ; see also United States v. Hudson, 414 F.3d 931, 933 (8th Cir.2005); United States v. Luker, 395 F.3d 830, 832 (8th Cir.2005); United States v. Taylor, 122 F.3d 685, 689 (8th Cir.1997); United States v. Lom…
cited Cited as authority (rule) United States v. El-Alamin
8th Cir. · 2009 · confidence medium
Id. (quoting United States v. Lomax, 87 F.3d 959, 961 (8th Cir.1996)).
cited Cited as authority (rule) United States v. Malik El-Alamin
8th Cir. · 2009 · confidence medium
Id. (quoting United States v. Lomax, 87 F.3d 959, 961 (8th Cir. 1996)).
cited Cited as authority (rule) United States v. Ceballos
S.D. Iowa · 2009 · confidence medium
Jankowski, 194 F.3d 878, 882-83 (quoting United States v. Lomax, 87 F.3d 959, 961 (8th Cir.1996)).
discussed Cited as authority (rule) United States v. Andrade-Rodriguez
8th Cir. · 2008 · confidence medium
Luker, 395 F.3d at 832-33 (alterations in original omitted); see also United States v. Gamboa, 439 F.3d 796, 816 (8th Cir.2006) (quoting Jankowski 194 F.3d at 883 ); United States v. Hudson, 414 F.3d 931, 933 (8th Cir.2005); United States v. Lomax, 87 F.3d 959, 961 (8th Cir.1996).
discussed Cited as authority (rule) United States v. Lorena Andrade-Rodriguez
8th Cir. · 2008 · confidence medium
Luker, 395 F.3d at 832-33 (alterations in original omitted); see also United States v. Gamboa, 439 F.3d 796, 816 (8th Cir. 2006) (quoting Jankowski, 194 F.3d at 883 ); United States v. Hudson, 414 F.3d 931, 933 (8th Cir. 2005); United States v. Lomax, 87 F.3d 959, 961 (8th Cir. 1996).
discussed Cited as authority (rule) United States v. Alston
3rd Cir. · 2008 · confidence medium
Instead of contacting the police, Alston relied on his firearm as protection, not just on the night in question, but for over a month. “[A] defendant cannot claim justification as a defense for an illegal action that he chose to pursue in the face of other potentially effective, but legal options.” United States v. Lomax, 87 F.3d 959, 962 (8th Cir.1996) (citation omitted); see also Singleton, 902 F.2d at 473 (“[T]he keystone of the analysis is that the defendant must have no alternative — either before or during the event — to avoid violating the law.” (citations omitted)).
discussed Cited as authority (rule) United States v. Hyles
8th Cir. · 2008 · confidence medium
See United States v. Kind, 194 F.3d 900, 907 (8th Cir.1999) (“it is well settled in this circuit that the government need only prove defendant’s status as a convicted felon and knowing possession of the firearm”); United States v. Lomax, 87 F.3d 959, 962 (8th Cir.1996) (“[T]he ‘knowingly’ element of section 922(g) applies only to the defendant’s underlying conduct, not to [her] knowledge of the illegality of [her] actions.”).
discussed Cited as authority (rule) United States v. Robert Harper
8th Cir. · 2006 · confidence medium
See United States v. Taylor, 122 F.3d 685 , 689 n. 4 (8th Cir.1997) (coercion defense not yet recognized by this circuit in § 922(g) prosecutions and rejecting justification defense to § 922(g) violation); United States v. Blankenship, 67 F.3d 673, 677 (8th Cir.1995) (evidence insufficient to support coercion or justification defense to § 922(g) violation); cf. United States v. Bell, 411 F.3d 960, 964 (8th Cir.2005) (justification defense consistently denied in § 922 cases when defendant failed to pursue lawful options); United States v. Lomax, 87 F.3d 959, 961 (8th Cir.1996) (collecting c…
cited Cited as authority (rule) United States v. Edith Madora Hudson, Also Known as Edith Madora Spicer
8th Cir. · 2005 · confidence medium
United States v. Lomax, 87 F.3d 959, 961 (8th Cir.1996).
cited Cited as authority (rule) United States v. Edith Madora Hudson
8th Cir. · 2005 · confidence medium
United States v. Lomax, 87 F.3d 959, 961 (8th Cir. 1996).
cited Cited as authority (rule) State v. Walker
Iowa Ct. App. · 2003 · confidence medium
Jankowski, 194 F.3d at 883 (citing United States v. Lomax, 87 F.3d 959, 961 (8th Cir.1996)).
cited Cited as authority (rule) United States v. Michal Jankowski, United States of America v. Sylwia Jankowski
8th Cir. · 1999 · confidence medium
United States v. Lomax, 87 F.3d 959, 961 (8th Cir.1996).
discussed Cited as authority (rule) United States v. Michal Jankowski
8th Cir. · 1999 · confidence medium
United States v. Lomax, 87 F.3d 959, 961 (8th Cir. 1996). 2 Michal cites United States v. Blankenship, 67 F.3d 673 (8th Cir. 1995), for the proposition (unhelpful to him) that the exclusion of evidence offered to support a duress defense is reviewed for clear error.
discussed Cited as authority (rule) United States v. Miron Taylor, Also Known as Hakeem Afiz
8th Cir. · 1997 · confidence medium
As an initial matter, this Court has not yet recognized “justification” as a valid defense to a § 922(g) violation, see, e.g., United States v. Lomax, 87 F.3d 959, 961 (8th Cir.1996), and we again *689 refrain from doing so today.
discussed Cited as authority (rule) United States v. Miron Taylor, etc.
8th Cir. · 1997 · confidence medium
As an initial matter, this Court has not yet recognized "justification" as a valid defense to a § 922(g) violation, see, e.g., United States v. Lomax, 87 F.3d 959, 961 (8th Cir. 1996), and we again refrain from doing so today.
discussed Cited as authority (rule) United States v. Meade
1st Cir. · 1997 · confidence medium
See United States v. Gomez, 92 F.3d 770, 774 (9th Cir.1996) (explaining application of justification defense in felon-in-possession case) (citing *203 cases); United States v. Lomax, 87 F.3d 959, 961-62 (8th Cir.1996) (same); see also United States v. Perez, 86 F.3d 735, 737 (7th Cir.1996) ("The 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 with which he or another is being threatened (the other might be the possessor of the gun, threatening suicide)”); United States v. Newcomb…
discussed Cited as authority (rule) United States v. Meade
1st Cir. · 1997 · confidence medium
See United States v. Gomez, 92 ___ ______________ _____ F.3d 770, 774 (9th Cir. 1996) (explaining application of justification defense in felon-in-possession case) (citing cases); United States v. Lomax, 87 F.3d 959, 961-62 (8th Cir. _____________ _____ 1996) (same); see also United States v. Perez, 86 F.3d 735 , ___ ____ _____________ _____ 737 (7th Cir. 1996) ("The 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 with which he or another is being threatened (the other might be the…
cited Cited "see" United States v. Larry Cage
8th Cir. · 2005 · signal: see · confidence high
See United, States v. Lomax, 87 F.3d 959, 961 (8th Cir.1996) (citing cases); see also United States v. Bell, 411 F.3d 960, 964 (8th Cir.2005).
discussed Cited "see" United States v. Hunter
6th Cir. · 2001 · signal: see · confidence high
See United States v. Lomax, 87 F.3d 959, 962 (8th Cir.1996) (holding that a mistaken belief that civil rights have been restored provides no defense to the felon-in-possession charge, and is properly precluded as a defense).
discussed Cited "see" Amundson v. South Dakota Board of Pardons & Paroles (2×)
S.D. · 2000 · signal: see · confidence high
See United States v. Lomax, 87 F.3d 959, 962 (8th Cir.1996) (holding that the defendant, a convicted felon, was not legally justified in possessing a firearm because potentially effective legal options existed).
discussed Cited "see, e.g." Lawlor v. Warden
Va. · 2014 · signal: see also · confidence medium
In addition, the trial court had p ously instructed the jury that t y were to base their verdict solely on the instructions and the dence, and that "no statement or ruling or remark I might make from the bench is intended in any way to indicate to you what my personal opinion might be." "It is presumed that a jury will follow the instructions given by the trial court." Muhammad, 274 Va. at 18 , 646 S.E.2d at 195 (citation omitted); see also United States v. Lomax, 87 F.3d 959, 962 (8th Cir. 1996) (appellate court assumed that, even if jury overheard bench conference, they disregarded the infor…
cited Cited "see, e.g." United States v. James W. Bell
8th Cir. · 2005 · signal: see, e.g. · confidence medium
See, e.g., United States v. Lomax, 87 F.3d 959, 961-62 (8th Cir.1996); United States v. Taylor, 122 F.3d 685, 688-89 (8th Cir.1997).
cited Cited "see, e.g." United States v. James Bell
8th Cir. · 2005 · signal: see, e.g. · confidence low
See, e.g., United States v. Lomax, 87 F.3d 959 , 961–62 (8th Cir. 1996); United States v. Taylor, 122 F.3d 685 , 688–89 (8th Cir. 1997).
cited Cited "see, e.g." United States v. Keith Thompson
8th Cir. · 2005 · signal: see also · 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 "see, e.g." United States v. Keith Thompson
8th Cir. · 2005 · signal: see also · 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).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Vincent L. LOMAX, Appellant
95-3587.
Court of Appeals for the Eighth Circuit.
Aug 14, 1996.
87 F.3d 959
1996 WL 366464
John H. Kizer, Springfield, Missouri, for appellant., Douglas C. Bunch, Assistant United States Attorney, Springfield, Missouri, for appellee.
Arnold, Wollman, Hansen.
Cited by 34 opinions  |  Published
WOLLMAN, Circuit Judge.

Vincent Lomax appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), arguing[*961] that the district court [1] erred in refusing to allow him to present evidence to support either a justification or a legal ignorance defense and that prejudicial error was committed when a bench conference was overheard by the jury. We affirm.

I. Facts and Background

On July 9,1994, Lomax was pulled over for speeding. When the officer ran the check necessary to issue Lomax a speeding ticket, the computer indicated that the car Lomax was driving had been stolen. [2] During a search of the vehicle’s trunk, the arresting officer discovered a loaded Colt .45 semiautomatic pistol and a clip filled with bullets. After a computer check revealed that Lomax was a convicted felon, he was arrested for possession of the firearm.

Lomax did not deny that he was in possession of the firearm at the time of his arrest. Instead, he attempted to present evidence that his possession was justified because he believed that he was in danger and needed the gun for protection and that he also believed his civil rights had been restored at the time he possessed the gun, thus making the possession legal.

II. The Justification Defense

Lomax’s justification defense is based on his claim that he had purchased the gun because he perceived that he was in imminent danger. He asserts that he had received various threats of physical harm from several different individuals. These alleged threats stemmed from his relationship with the ex-wife of one of his antagonists and the fact that his relatives apparently owed money to several other people who hoped to procure the money by threatening Lomax.

Although several other circuits have recognized a defense of legal justification to a violation of section 922(g), we have not done so, and on the facts of this case and for the reasons discussed below, we decline to do so now.

In general, to establish a justification defense a defendant must show that: 1) he was under an unlawful and present, imminent, and impending threat of such a nature as to induce a well-grounded apprehension of death or serious bodily injury; 2) that he had not recklessly or negligently placed himself in a situation in which it was probable that he would be forced to commit a criminal act; 3) that he had no reasonable, legal alternative to violating the law; and 4) that a direct causal relationship may be reasonably anticipated between the commission of the criminal act and the avoidance of the threatened harm. United States v. Blankenship, 67 F.3d 673, 677 (8th Cir.1995) (laying out the elements but declining to determine whether the defense is available in section 922(g) cases).

Those circuits which have recognized justification as a defense to a section 922(g) charge have construed the defense narrowly. See United States v. Perrin, 45 F.3d 869, 874-75 (4th Cir.) (construing the defense narrowly and citing other circuits that have done so as well), cert. denied, — U.S. -, 115 S.Ct. 2287, 132 L.Ed.2d 289 (1995). Moreover, those cases which have allowed evidence of the defense have involved facts significantly more compelling than the generalized fear of harm experienced by Lomax. See, e.g., United States v. Gomez, 81 F.3d 846, 850-54 (9th Cir.1996) (recognizing defense for defendant who had received repeated death threats after acting as government informant against drug conspirator in murder-for-hire indictment and who had unsuccessfully sought protection from police, from government officials whom he had assisted, and from churches); United States v. Newcomb, 6 F.3d 1129, 1135-38 (6th Cir.1993) (recognizing defense where defendant took gun from his girlfriend’s son who had history of violence and was threatening to shoot third person, and where defendant pos[*962] sessed gun only long enough to unload and pocket the shells); United States v. Paolello, 951 F.2d 537, 542-43 (3d Cir.1991) (recognizing defense where, during bar altercation, defendant knocked gun from attacker’s hand to prevent him from shooting third person and then picked up the gun from the floor to prevent attacker from retrieving it); and United States v. Panter, 688 F.2d 268, 269-72 (5th Cir.1982) (recognizing defense where defendant, pinned to the floor after being stabbed in the abdomen by convicted murderer, reached under the bar for a club and instead retrieved a pistol).

Moreover, a defendant cannot claim justification as a defense for an illegal action that he chose to pursue in the face of other potentially effective, but legal, options. See United States v. Kabat, 797 F.2d 580, 591 (8th Cir.1986), cert. denied, 481 U.S. 1030, 107 S.Ct. 1958, 95 L.Ed.2d 530 (1987). Lomax implicitly argues that possession of a handgun was the only effective course of conduct available to thwart the potential physical danger he faced. We reject this argument, for although Lomax states that he attempted to obtain a restraining order against one of his antagonists and filed a complaint against another, he appears to have exerted only minimal effort to act within the law to remedy his problems.

Because Lomax’s proferred evidence was insufficient to establish the first and third elements of the justification defense, we need not determine whether (although we doubt that it did) it established the other two elements. On the facts of this case, then, the district court did not err in refusing to allow Lomax to present evidence in support of a justification defense.

III. Ignorance Defense

Lomax next contends that the district court should have permitted him to present evidence to the jury of his belief that his civil rights had been restored and that his conduct was, therefore, lawful. In United States v. Farrell, 69 F.3d 891, 893 (8th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 1283, 134 L.Ed.2d 228 (1996), we held that the “knowingly” element of section 922(g) applies only to the defendant’s underlying conduct, not to his knowledge of the illegality of his actions. Thus, Lomax’s claim that he believed his possession to be lawful is irrelevant to the mens rea of the offense, and the district court therefore properly excluded such evidence.

IV. The Sidebar Conference

Finally, Lomax requests that we remand his case to the district court for a hearing to determine whether the jury overheard a sidebar conference and, if so, whether he was prejudiced by this occurrence. The sidebar conference at issue involved a discussion of evidence that Lomax had written a bad check to pay for the rental car that he was driving when he was arrested. This evidence was ultimately excluded.

Because Lomax failed to raise this claim in the district court, we review for plain error. United States v. Jenkins, 78 F.3d 1283, 1288 (8th Cir.1996). We should exercise our discretion to correct a plain error only when it “ ‘seriously affeet[s] the fairness, integrity or public reputation of judicial proceedings.’ ” United States v. Olano, 507 U.S. 725, 736, 113 S.Ct. 1770, 1779, 123 L.Ed.2d 508 (1993) (alteration in original) (citation omitted).

We find that, even if the alleged error occurred, it did not rise to the level of plain error, and it was not of the type to seriously influence the fairness of Lomax’s trial. We assume, as we must, that the jury followed the judge’s instruction directing it to consider only the evidence presented at trial. See United States v. Roskela, 86 F.3d 122, 125 (8th Cir.1996). Hence, if members of the jury did overhear improper information, we assume that they disregarded the information in compliance with the judge’s instructions. Moreover, we cannot see how evidence that Lomax had written a bad check for his rental car could possibly have influenced the outcome of the trial in light of the strong evidence of guilt and the fact that the jurors heard evidence of Lomax’s past convictions for forgery, burglary, and issuing checks on insufficient funds.

The judgment is affirmed.

1

. The Honorable Russell G. Clark, United States District Judge for the Western District of Missouri.

2

. Lomax was driving a rental car. Apparently, the car had been reported stolen because Lomax had rented it with a check drawn on insufficient funds and had failed to return it for a month. The car was returned after Lomax's arrest, and he was not prosecuted for its theft.