Argument of Speaker
Mr. Speaker: Justice Stevens has the opinion in 05-7053, Dixon versus United States.
Argument of Justice Stevens
Mr. Stevens: In this case, the petitioner made some purchases of firearms at a gun show and violated two criminal statutes when she did so.
She was receiving a firearm when under indictment, and she made false statements in connection with the purchases.
At trial, she did not deny committing the offenses or any of the elements of the offenses, but rather she pleaded the affirmative defense of duress, testifying that she had a boyfriend who had seriously threatened or threatened serious harms to herself and to her two daughters.
The issue that the case turns on is whether -- on the issue of duress, she had the burden of proving that defense by a preponderance of the evidence or, as she contends, it was the Government’s burden to prove beyond a reasonable doubt that she did not act under duress.
For reasons stated in the opinion we filed with the Clerk, we agree with the Government’s view that she had the burden of proof on the affirmative defense.
Justice Kennedy has filed a concurring opinion; Justice Alito has filed a concurring opinion that Justice Scalia has joined; and Justice Breyer has filed a dissenting opinion that Justice Souter has joined.
