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Howerton v. United States

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eBook details

  • Title: Howerton v. United States
  • Author : District of Columbia Court of Appeals.
  • Release Date : January 19, 2009
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

On May 13, 2004, a jury convicted appellant Joseph Howerton of the following charges: assault with a dangerous weapon (gun) ("ADW") (D.C. Code § 22-402 (2001)); threatening to injure a person ("felony threat") (D.C. Code § 22-1810 (2001)); carrying a pistol without a license ("CPWL") (D.C. Code § 22-4504 (a) (2001)); possession of an unregistered firearm ("UF") (D.C. Code § 7-2502.01 (2001)); unlawful possession of ammunition ("UA") (D.C. Code § 7-2506.01 (3) (2001)); unlawful possession of drug paraphernalia (D.C. Code § 48-1103 (a) (2001)); and, unlawful possession of a controlled substance (crack cocaine) with the intent to distribute it ("PWID") (D.C. Code § 48-904.01 (2008 Supp.)). Appellant challenges his convictions on the weapons charges (CPWL, UF, and UA) on the ground that they were obtained in violation of his rights under, and on the basis of statutory provisions that he asserts were invalid under, the Second Amendment to the U.S. Constitution. He challenges his CPWL conviction on the additional ground that the evidence was insufficient to sustain the charge. As to his drug convictions, appellant contends that joinder of the drug charges with the ADW and threat charges was improper. He also argues that his trial counsels failure to challenge the joinder or to move for severance amounted to ineffective assistance of counsel, entitling him to relief. We reject appellants arguments and affirm.


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