Whitaker v. United States

Supplemental Opinion on Rehearing

Dec. 4, 1992

Before FERREN, TERRY, and SCHWELB, Associate Judges. SCHWELB, Associate Judge:

On August 14, 1992, this court reversed Ms. Whitaker’s conviction for possession of a firearm during a crime of violence (PFCV). The government has filed a petition for rehearing or, in the alternative, rehearing en banc. Its primary contention is that the reinstruction requested by Ms. Whitaker — namely, that the jury may not convict her of PFCV, the compound offense, unless she was convicted of assault with a dangerous weapon (ADW), the predicate offense — would have…