United States Second Circuit

A conviction for an inmate's "possession" of a weapon (Prohibited Acts Code, 28 C.F.R. section 541.13) may not properly be predicated on the injurious or threatening use of an object (here a pool cue) that is not considered a weapon until it is so used.

Appellate Information

• Decided 11/14/2002
• Published 11/14/2002

Judges

• KEARSE, Circuit Judge., Before:  KEARSE and McLAUGHLIN, Circuit Judges, and HAIGHT, District Judge .

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Glenn Wallace, Ray Brook, NY, Petitioner-Appellant pro se.


• For Appellees:
  
• Joseph A. Pavone, United States Attorney, Northern District of New York, Syracuse, NY (Charles E. Roberts, Elizabeth S. Riker, Assistant United States Attorneys, Syracuse, NY, of counsel), for Respondent-Appellee.