U.S. v. ALLEN

No. 97-8424.

190 F.3d 1208 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Charles ALLEN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 29, 1999.


Attorney(s) appearing for the Case

V. Natasha Perdew, Atlanta, GA, for Defendant-Appellant.

Jan Jenkins, Atlanta, GA, Thomas M. Gannon, Appellate Section, Criminal Div., Washington, DC, for Plaintiff-Appellee.

Before COX, BIRCH and HULL, Circuit Judges.


PER CURIAM:

Title 18, section 1791(a)(2) of the United States Code makes it unlawful for a federal inmate to possess a "prohibited object." Section 1791(d)(1) defines "prohibited object" to include, among other things, an object that is "intended to be used as a weapon." The issue in this case is whether the intent described in § 1791(d)(1)(B) is an element of the offense or merely a sentencing factor. The district judge determined pretrial that he would decide...

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