Third Circuit -- USA v. Jamaal Mike

USA v. Jamaal Mike

If you buy a gun in the Virgin Islands, sprint to register it.

No error in denial of use immunity where the claim would be a simple assertion of exoneration, subject to credibility analysis.

No error in finding that weapon was capable of discharge (element of statute) where gov't did not establish the fact through firing tests.

No error in denial of affirmative defense that deft intended to register the weapon (he was arrested on receipt, and statute permits acquisition where 'immediately' reported) as circumstances of transaction establish deft's lack of intent to register.

Concur/dissent: close statutory parsing of def'n of firearm, use immunity shoudl have been granted - the standard is similar to Brady, 'immedaite' registration element of statute is problematic.