BROOKS

v.

UNITED STATES

Citator

Cited By

• Montoya v. Collins, 955 F.2d 279 (5th Cir. 1992)
  …eath on May 5, 1983. He appealed to the Texas Court of Criminal Appeals, which affirmed his conviction on February 18, 1987, and denied his motion for rehearing on October 28, 1987. Montoya v. State, 744 S.W. 2d 15 (Tex.Crim.App.1987), cert. denied, 487 U.S. 1227, 108 S.Ct. 2887, 101 L.Ed.2d 921 (1988). After exhausting his post-conviction remedies in state court, Montoya filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the United States District Court for the Northern District o…
• United States v. Vasarajs, 908 F.2d 443 (9th Cir. 1990)
  …can only be a valid defense if it negates the existence of a requisite mens rea component of the crime charged and if the crime allows for the interposition of such a defense. See United States v. Brooks, 841 F. 2d 268, 269 (9th Cir.), cert. denied, 487 U.S. 1227, 108 S.Ct. 2887, 101 L.Ed.2d 922 (1988); 1 W. LaFave & A. Scott, Substantive Criminal Law § 5.1 (1986). Even were we to assume that § 1382 allows for a mistake defense, it would certainly fail in Vasarajs’ case. We have previously ruled that the fi…
• United States v. Ransom, 942 F.2d 775 (10th Cir. 1991)
  …ved the victim to be under the lawful age of consent and that no defense was allowed for a reasonable mistake of age. See United States v. Brooks, 841 F. 2d 268, 269 (9th Cir.1988) (citing R. Perkins, Criminal Law 152-53 (2d ed. 1969), cert. denied, 487 U.S. 1227, 108 S.Ct. 2887, 101 L.Ed.2d 922 (1988)). See also H.R.Rep. No. 594, 99th Cong., 2d Sess., reprinted in 1986 U.S.Code Cong. & Admin.News 6186, 6197 (“At common law there was no such defense.”). But see Myers, Reasonable Mistake of Age, 64 Mich.L…