U.S. v. Mclemore

BIRCH, Circuit Judge: The United States challenges the district court's grant of the motion to arrest judgment of appellee Charles McLemore. Applying the rule of lenity, the district court granted McLemore's motion, holding that the statute under which McLemore was charged is ambiguous as to whether it applies to McLemore's conduct. The government argues that the statute was not ambiguous and that, therefore, the rule of lenity is inapplicable and McLemore's conviction should stand. Because we find that the statute is ambiguous as it pertains to McLemore's conduct, we affirm the district court's grant of McLemore's motion for arrest of judgment.