United States v. Oppedisano

United States v. Oppedisano

Opinion

MEMORANDUM & ORDER

SEYBERT, District Judge:

Defendant Rocco Oppedisano (the "Defendant") is charged with cocaine possession in violation of Section 844 of Title 21 of the United States Code and with possessing ammunition as a convicted felon in violation of Section 922(g)(1) of Title 18 of the United States Code ("Section 922(g)(1)"). Pending before the Court are the Government's motions in limine to exclude certain testimony and argument that the Government contends invites jury nullification by demonstrating that (1) the Defendant did not know his possession of ammunition as a convicted felon was a crime; (2) the Defendant did not own or possess a firearm; (3) the Defendant is a "nonviolent" felon whose underlying conviction was a "regulatory" offense; and (4) the Defendant did not "own" or purchase the ammunition. In addition, the Government moves in its Reply brief (5) to preclude the Defendant from offering hearsay statements the Defendant made to a postal inspector after his  [*2] arrest.

On November 30, 2010, the Court granted in part and denied in part the Government's motions for the reasons stated on the record. Below, the Court addresses in greater depth the reasons it rejects Defendant's argument that he should be permitted to introduce otherwise irrelevant evidence to argue that the felon-in-possession law is unconstitutional as applied to him in light of the Supreme Court's decision in Heller v. District of Columbia, 554 U.S. 570, 128 S. Ct. 2783, 171 L. Ed. 2d 637 (2008).

BACKGROUND

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