United States Third Circuit

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US v. Holmes, 09-2846

An inmate's conviction for possessing a weapon in a prison is affirmed where: 1) defendant's challenge to the sufficiency of the evidence at trial is rejected as a rational jury cold have concluded that the blade found was a weapon; 2) the potential severity of the punishment for possessing a weapon in prison is counterbalanced by the need for safety and security and, as such, does not justify the mens rea requirement sought by defendant; and 3) defendant's argument that he should have been charged with what he sees as the lesser included offense under 18 U.S.C. section 1791(d)(1)(F) is rejected.

Appellate Information

  • Submitted 04/16/2010
  • Decided 06/07/2010
  • Published 06/07/2010


  • Before SLOVITER and HARDIMAN, Circuit Judges, and POLLAK, District Judge.


  • United States Third Circuit


  • For Appellant:
  • Robert L. Eberhardt, Esq., Stephanie L. Haines, Laura S. Irwin, Esq., Office of the United States Attorney, Pittsburgh, PA, for United States of America., Renee Pietropaolo, Esq., Marketa Sims, Esq., Office of Federal Public Defender, Pittsburgh, PA, for Appellant.

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