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U.S. v. McARTHUR

No. 94-7057.

108 F.3d 1350 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Taneilian McARTHUR, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 31, 1997.

Attorney(s) appearing for the Case

Daniel G. Hamm, Montgomery, AL, for defendant-appellant.

Kent B. Brunson, Asst. U.S. Atty., Montgomery, AL, for plaintiff-appellee.

Before ANDERSON, Circuit Judge, and FAY and KRAVITCH, Senior Circuit Judges.

KRAVITCH, Senior Circuit Judge:

Title 18, United States Code, section 930(a), bans the knowing possession of a firearm in a federal facility. A separate subsection of the statute conditions convictions under this provision upon the posting of conspicuous notice of the prohibition. The main issue in this case, and one of first impression, is whether proof of adequate notice is an element of the crime of possession or an affirmative defense. We hold that it is an affirmative...

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