United States Third Circuit

Convictions for robbing a bar, possessing a firearm during a crime of violence, and interfering with commerce are affirmed. Failure to instruct the jury on the element of knowledge of the firearm's obliterated serial number amounted to plain error; only rank conjecture supports a conclusion that defendant knew or should have known that the bar was in a school zone.

Appellate Information

• Argued 04/28/2003
• Decided 04/08/2004
• Published 04/08/2004

Judges

• Before ROTH, McKEE and COWEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Stephen A. Brusch, (Argued), St. Thomas, for Appellant.


• For Appellees:
  
• David M. Nissman, United States Attorney, Nelson L. Jones, (Argued), Assistant United States Attorney, Charlotte Amalie, St. Thomas, for Appellee.