· 5/8/1997
United States of America Government of the Virgin Islands v. Michael McKie at No. 96-7010, Jermaine Hall, at No. 96-7011, Guy M. Henry, at No. 96-7014
Citations
- 112 F.3d 626
- 36 V.I. 367
- 1997 U.S. App. LEXIS 10624
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “violation of a federal statute by governmental actors does not create liability unless state law would impose liability on a ‘private individual under like circumstances’ ”
- holding that the government was required to prove that the defendant lacked a license to possess a firearm, but not that the defendant possessed the firearm for any duration of time
- holding that title 23, section 470 of the Virgin Islands Code creates an affirmative defense to the crime of unauthorized possession of a firearm, in violation of title 14, section 2253(a) of the Virgin Islands Code
- recognizing that our normal practice is to “interpret criminal statutes strictly”
- stating that, under Virgin Islands’ law, “[t]he government must 6 prove the absence of a firearms license”
- acknowledging that “[i]n September 1996, the statute was amended again, requiring ‘immediate’ registration.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Scirica, Nygaard, McKee
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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