United States v. Masciandaro

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:…