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Mack v. United States

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Argued October 13, 2010

Before GLICKMAN and FISHER, Associate Judges, and PRYOR, Senior Judge.

On November 30, 2006, appellant Horry Mack stabbed Joseph David Price with an ice pick, inflicting injuries from which Price later died. Appellant claimed at trial that he acted in self-defense, and the jury acquitted him of second degree murder while armed, manslaughter while armed, and possession of a dangerous weapon with intent to use it unlawfully against another (PPW (b)).*fn1 He now challenges his conviction for carrying a dangerous weapon (CDW),*fn2 asserting that the jury instructions misconstrued the statute and that convicting him of CDW under these circumstances violated his Second Amendment rights. We disagree, and affirm.

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