(DOWNLOAD) "In Re United States" by United States Court of Appeals for the Second Circuit August Term 2004 * Book PDF Kindle ePub Free
eBook details
- Title: In Re United States
- Author : United States Court of Appeals for the Second Circuit August Term 2004
- Release Date : January 09, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The United States of America petitions this court for a writ of mandamus directing the United States District Court for the Southern District of New York (Alvin K. Hellerstein, Judge) not to bifurcate the trial of the elements of a single count charging the defendant, Amar Amante, with being a felon in unlawful possession of a firearm or ammunition, in violation to 18 U.S.C. § 922(g)(1). The district court, sua sponte, determined that the possession elements would be tried first, without informing the jury of the nature of the crime charged and without allowing the government to introduce evidence of the defendants prior felony conviction, and then, if the jury were to find possession, the jury would decide the element of his felon status. We conclude that the district court abused its discretion in ordering the bifurcation; accordingly, we grant the writ and direct that the elements of the offense be tried together in one trial.