Cerron H. Hawkins v. United States, No. 13-CM-476 (decided
November 13, 2014).
Players: Chief Judge Washington, Associate
Judge Fisher, Senior Judge Farrell. Per curiam opinion. Sean J.
Farrelly for Mr. Hawkins. Trial
Judge: Yvonne Williams.
Facts: Mr. Hawkins took a “bait-bike”
that police officers had left outside a Metro station and was charged with
second-degree theft of a bicycle. The
defense was that he believed the bicycle was abandoned. In a bench trial, the judge credited his
belief that the bicycle was abandoned but held this belief was unreasonable
under the circumstances and thus found Mr. Hawkins guilty.
Issue: Is a genuine but unreasonable belief that
property is abandoned a defense to theft?
Held: Yes. Because theft is a specific intent crime,
a defendant need not show his belief that the property was abandoned was
reasonable (as the government conceded on appeal). DG
The defense was that he believed the bicycle was abandoned. In a bench trial, the judge credited his belief that the bicycle was abandoned but held this belief was unreasonable under the circumstances and thus found Mr. Hawkins guilty. federal attorney case management software
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