United States v. Mike, No. 10-1394 (3d Cir. 2011)Annotate this Case
Defendant was convicted of aiding and abetting the receipt of a firearm acquired outside his state of residency (18 U.S.C. 922(a)(3) & 924(a)(1)(D)) and unauthorized possession of a firearm in violation of V.I. Code Ann. tit. 14, sect. 2253(a). The Third Circuit affirmed. The district court acted within its discretion when it declined to give use immunity to a co-defendant; the ruling did not deny defendant his due process right to present clearly exculpatory evidence necessary to obtain a fair trial. There was evidence that the weapon at issue was operable and that defendant intended to conceal, rather than "immediately" report his possession of the gun.