United States v. Masciandaro

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

Appellant, Sean Masciandaro, seeks reversal of his conviction by a United States Magistrate Judge of possession of a loaded weapon in a motor vehicle in a National Park, in violation of 36 C.F.R. § 2.4(b) (2007) and 16 U.S.C. § 3. Specifically, Masciandaro argues(i) that the Magistrate Judge erred by applying the regulation in force at the time of the offense conduct, rather than the later-amended regulation in force at the time of trial and sentencing;(ii) that the Magistrate Judge erred in rejecting Masciandaro’s as-applied and facial Second…