Legal Opinion

United States v. Nieves-Castano

Court of Appeals for the First Circuit

Decided March 27, 2007No. 06-1517PublishedCited by 17 opinions

1Opinion of the Court

LYNCH, Circuit Judge.

Belen Nieves-Castaño was convicted of two weapons charges after a jury trial. One conviction was for unlawful possession of a machine gun, see 18 U.S.C. § 922(o), while the second was for the unlawful possession of a firearm in a school zone, see id. § 922(q)(2)(A). This court has not had any prior occasion to construe these statutory provisions in relation to the issues presented by this appeal.

Nieves-Castaño appeals both convictions. She presents a novel issue on appeal: whether the school-zone statute, 18 U.S.C. § 922(q)(2)(A), is unconstitutionally void for vagueness…

2Cases cited24 opinions

  1. Kolender v. LawsonSupreme Court of the United States · 1983
  2. United States v. LopezSupreme Court of the United States · 1995
  3. Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
  4. Bouie v. City of ColumbiaSupreme Court of the United States · 1964
  5. Staples v. United StatesSupreme Court of the United States · 1994

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3Cited by17 opinions

  1. Frese v. FormellaCourt of Appeals for the First Circuit · 2022
  2. United States v. Rodney ClassCourt of Appeals for the D.C. Circuit · 2019
  3. United States v. HomauneDistrict Court, District of Columbia · 2012
  4. United States v. Tanco-BaezCourt of Appeals for the First Circuit · 2019
  5. Planned Parenthood of Indiana v. Marion County ProsecutorCourt of Appeals for the Seventh Circuit · 2021

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