TaiLexi AI U.S. Case Law

United States v. Walter Burkhart, Jr.

UNITED STATES of America, Plaintiff-Appellee, v. Walter BURKHART, Jr., Defendant-Appellant

United States v. Burkhart, 545 F.2d 14 (6th Cir. 1976)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
November 26, 1976
Docket
No. 76-1556
Judges
Celebrezze, McCree, Engel
Citations
545 F.2d 141976 U.S. App. LEXIS 6076

Opinion

ORDER Before CELEBREZZE, McCREE and ENGEL, Circuit Judges.

Appellant was convicted in the district court of possession of firearms by one previously convicted of a felony contrary to 18 App. U.S.C. § 1202(a)(1). The indictment alleged appellant’s conviction of a felony on two prior occasions and the government in the trial refused an offer by appellant to stipulate that he had in fact been convicted of the lesser of the two felonies charged, the purpose of which was to prevent proof of either conviction being placed before the jury. Upon consideration, we conclude that the government was not required to accept in lieu of proof the defendant’s stipulation and was not limited to establishing only one prior conviction. See United States v. Smith, 520 F.2d 544 (8th Cir. 1975).

Judge McCree dissents for the reasons stated by him in his dissent in United States v. Fields, 500 F.2d 69 (6th Cir. 1974). Accordingly, IT IS ORDERED that the judgment of the district court be and it is hereby affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 29 cases

View all citing references →
1978: 21979: 11981: 11983: 11984: 11988: 11989: 21990: 31992: 11993: 21994: 41995: 31996: 31997: 21998: 11999: 119782026peak 1994 · 4

Relies on it most ⓘ

  1. United States v. Claude Blackburn592 F.2d 300 (6th Cir. 1979)
  2. United States v. Terry Hudson (93-5955) and Randal McPherson (93-5956)53 F.3d 744 (6th Cir. 1995)
  3. United States v. Tavares21 F.3d 1 (1st Cir. 1994)
  4. United States v. James Dewey Sims588 F.2d 1145 (6th Cir. 1978)
  5. United States v. David Lebron Benford983 F.2d 1069 (6th Cir. 1993)
  6. Old Chief v. United States519 U.S. 172 (1997)

Most recent

  1. State v. Nichols541 S.E.2d 310 (W. Va. 1999)
  2. United States v. Darnell L. Walker (96-3073) William A. McKinley (96-3938)160 F.3d 1078 (6th Cir. 1998)
  3. LaForce v. United States976 F. Supp. 402 (W.D. Va. 1997)
  4. Old Chief v. United States519 U.S. 172 (1997)
  5. United States v. Hinton McClure Waters96 F.3d 1449 (6th Cir. 1996)
  6. United States v. Dhia Kalasho and Romel Yousif Denha87 F.3d 1315 (6th Cir. 1996)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
United States v. Smith, 520 F.2d 544 (8th Cir. 1975) 27
United States v. Fields, 500 F.2d 69 (6th Cir. 1974) 11

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list