United States v. White, No. 07-1180-cr (2d Cir. January 9, 2009)(Kearse, Sack, Livingston, CJJ)
Police officers entered Anthony White’s home in response to a domestic violence call. According to the officers, they found him in the bedroom. He was sitting on the bed loading a sawed-off shotgun that was pointed at the doorway where the officers stood.
White’s version was that, before the police arrived, his girlfriend had threatened him with the shotgun and he had disarmed her. White claimed that he was protecting both himself and his son, who was also in the house. Finally, he testified that he was unloading the gun, not loading it, when the police arrived, and denied pointing it at them. He said that he had possessed the gun for a total of “three and a half minutes.”
Charged with being a felon in possession, White requested jury instructions both on necessity and “fleeting-possession.” …