United States Third Circuit

Defendant's conviction and sentence for possessing and using a chemical weapon and mail theft, arising from her efforts to poison a former friend, is affirmed where: 1) defendant lacked standing to pursue her Tenth Amendment challenge to the constitutionality of 18 U.S.C. section 229; 2) section 229 is neither vague as applied to defendant's actions nor overbroad in its relation to constitutionally protected behavior; 3) search warrants were validly sought and approved as supported by sufficient evidence; and 4)district court did not err in assigning defendant a two-level sentence enhancement for using a special skill in a manner that significantly facilitated the commission or concealment of the offense.

Appellate Information

• Argued 03/23/2009
• Decided 09/17/2009
• Published 09/17/2009

Judges

• Before: RENDELL, AMBRO, and JORDAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Robert E. Goldman, Esquire, (Argued), Fox Rothschild, Warrington, PA, Eric E. Reed, Esquire, Fox Rothschild, Philadelphia, PA, Counsel for Appellants.


• For Appellees:
  
• Laurie Magid, Acting United States Attorney, Paul G. Shapiro, (Argued), Assistant United States Attorney, Office of the United States Attorney, Philadelphia, PA, Counsel for Appellees.