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Brown v. United States

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Argued January 28, 2009

Before BLACKBURNE-RIGSBY and THOMPSON, Associate Judges, and BELSON, Senior Judge.

Appellant Manuel Brown challenges his conviction for first-degree murder while armed (D.C. Code §§ 22-2101, -4502 (a) (1999 Supp.)); possession of a firearm during a crime of violence (“PFCV”) (D.C. Code § 22-4504 (b) (1999 Supp.)); and carrying a pistol without a license (“CPWL”) (D.C. Code § 22-4504 (a)(1) (1999 Supp.)). He contends that the trial court erred in failing to suppress a videotaped statement that he gave to police, and that the evidence was insufficient to sustain his CPWL conviction and likewise insufficient to prove that he committed murder “while armed with a pistol,” as charged in the indictment. He also argues that the trial court erred by failing to instruct the jury on the definition of a “pistol.” Supported by amicus curiae PDS, appellant contends in addition that his CPWL conviction must be reversed as a violation of the Second Amendment to the U.S. Constitution. We reject each of these arguments and affirm the judgments of conviction.

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