UNITED STATES V. JAMES 528 F.2d 999 (1976) CASE BRIEF

UNITED STATES V. JAMES
528 F.2d 999 (1976)
NATURE OF THE CASE: This was an appeal from a conviction to commit the offenses of conspiracy to assault federal officers and possession unregistered firearms.
FACTS: Ds were members of the RNA, Republic of New Africa in Jackson, Mississippi. The RNA claimed to be an independent foreign nation. Drills with weapons were held and they developed a plan of self-defense and were prepared to resist any intrusion. Eventually the FBI and local police planned a raid on the premises. They took positions around the building and then used a bullhorn and advised the occupants of their authority and purpose and that the occupants should leave the building. No response was forthcoming. Tear gas was used and suddenly a heavy barrage of gunfire erupted out from the building. One police officer was killed and one FBI agent was injured. About 20 minutes later several parties existed the building and were given Miranda warnings. Eventually all the parties surrendered and various parties admitted to firing on the agents. All of the Ds were convicted of conspiracy and then they appealed contending that the evidence was insufficient to support any conviction under the conspiracy count.

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LEGAL ANALYSIS:





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