U.S. v. MASCIANDARO

No. 09-4839.

638 F.3d 458 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Sean MASCIANDARO, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 24, 2011.


Attorney(s) appearing for the Case

ARGUED: Antigone Gabriella Peyton , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C., for Appellant. Jeffrey Zeeman , Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Michael S. Nachmanoff , Federal Public Defender, Rachel S. Martin , Assistant Federal Public Defender, Office of the Federal Public Defender, Alexandria, Virginia; Matthew Levy , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C., for Appellant. Neil H. MacBride , United States Attorney, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion for the court, in which Judge WILKINSON and Senior Judge DUFFY joined except as to Part III.B. Judge WILKINSON wrote the opinion for the court as to Part III.B, in which Senior Judge DUFFY joined. Judge NIEMEYER wrote a separate opinion as to Part III.B.


OPINION

NIEMEYER, Circuit Judge, writing for the court except as to Part III.B:

Sean Masciandaro was convicted of carrying or possessing a loaded handgun in a motor vehicle within a national park area, in violation of 36 C.F.R. § 2.4(b). He challenges his conviction on two grounds: (1) that he was improperly charged under § 2.4(b), because after he was arrested but before he was tried, that regulation...

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