United States Third Circuit

Defendant's conviction for unauthorized possession of a firearm or "imitation thereof" during the commission of a crime of violence, in violation of 14 V.I. Code Ann. tit. 14, section 2253(a), is affirmed, as section 2253(a) is not void for vagueness because it puts a person of ordinary intelligence on notice that it prohibits defendant's conduct in this case. Further, to prove a defendant guilty of possessing an imitation firearm "during the commission or attempted commission of a crime of violence," the government must show that the defendant lacks authorization to possess a firearm but need not show that the defendant lacks authorization to possess an imitation firearm.

Appellate Information

• Decided 08/28/2012
• Published 08/28/2012

Judges

• Jordan

Court

• United States Third Circuit

Counsel