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Criminal Law Keyed to Osler
United States v. Dukes
Citation:432 F. 3d 910 (8th Cir. 2006)
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Defendant lived with his girlfriend Pamela Hoselton near the home of Shane and Julie Patent. At 3AM one morning, there was a drive-by shooting at the Patent’s home. Upon hearing the gunshots, the Patents ran to the window and saw a white Chevy Cavalier speeding away. They recognized it as the defendant’s and called the police. The police saw .22 caliber bullets in the home and saw the same car in the defendant’s driveway. Officers got a search warrant and searched the home, finding evidence of methamphetamine use and manufacture. Because that was outside the scope of their warrant, they had to get a second warrant relating to the drug paraphernalia and trafficking. They found 16 boxes of pseudoephedrine, a box of sludge, a byproduct of meth manufacturing, and two .22 caliber shell casings. They also found firearms, ammunition, meth, items related to meth, homemade firearm silencers, and a scale. Lastly a fanny pack of meth and instructions on how to make meth were found and the defendant took credit for them.
Agents from the Bureau of Alcohol, Tobacco, and Explosives tested the two firearm silences. The objects were industrial mufflers that made been modified with holes just large enough for bullets to go through. There were also screws so it could firmly attach to the end of different firearm barrels. Using the devices reduced the noise by the guns.
Almost a year later, the defendant called the police and asked them to return the property seized from the year earlier, telling the police that the mufflers they took were present at where he worked and that they had more at their house. Officers obtained another search warrant to look for silencers. They saw more drug evidence while there, and got a second warrant to seize drug-related evidence. Defendant was charged with two counts of manufacturing or aiding and abetting the manufacturing of meth, one from each search. Additionally he was charged with two counts of possessing a unregistered silencer.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.