United States v. Jafari Moore
2013 U.S. App. LEXIS 21483
| 6th Cir. | 2013Background
- Moore, a felon, was charged with being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1) after an incident outside Diva’s strip club.
- Moore claimed he possessed the pistol in self-defense during a fight when a gun was pointed at him by James King.
- Multiple witnesses offered conflicting versions of who seized the weapon and who fired first; one witness supported Moore’s account.
- An on-scene police stop led to the pistol being found in the backseat where Moore had been sitting, and Moore denied involvement when questioned.
- The district court denied Moore a jury instruction on the affirmative defense of necessity, and the jury convicted Moore.
- Moore’s supervised release was revoked for state crimes arising from the Diva’s incident, resulting in an additional 24-month sentence concurrent with the federal term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a necessity defense instruction was required. | Moore argues the defense should be instructed. | Moore failed to prove the fifth element of necessity; no instruction warranted. | No necessity instruction required; defense instruction properly denied. |
Key Cases Cited
- United States v. Bailey, 444 U.S. 394 (U.S. 1980) (necessity defense requires exhaustive element evaluation)
- United States v. Kemp, 546 F.3d 759 (6th Cir. 2008) (possession relinquished only when turned over; absolute-necessity timing)
- Singleton v. United States, 902 F.2d 471 (6th Cir. 1990) (necessity standard and fifth element guidance)
- United States v. Ridner, 512 F.3d 846 (6th Cir. 2008) (timing of surrender of firearm after threat subsides)
- United States v. Newcomb, 6 F.3d 1129 (6th Cir. 1993) (moments-after emergency possession supports instruction)
- United States v. Tate, 117 F. App’x 394 (6th Cir. 2004) (common-law backdrop to criminal statutes)
- United States v. Mooney, 497 F.3d 397 (4th Cir. 2007) (collecting cases on necessity defense)
- United States v. Newcomb, 6 F.3d 1129 (6th Cir. 1993) (mentioned as contrary to Moore's position on moments-after emergency)