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Article • May 1, 2005 • from P&J May, 2005
U.S. v. Grover, No. 1;04CR00175-PGC (D.Utah) (364 F.Supp.2d 1298) (April 12, 2005) (Judge Paul G. Cassell) by Consistent with the holdings of a number of other courts, Judge Cassell rejected the argument that an “unlawful user” of a controlled substance, for purposes of 18 U.S.C. § 922(g)(3), necessarily means that …
Article • August 1, 2004 • from P&J August, 2004
U.S. v. Augustin, No. 03-2795 (3rd Cir.) (376 F.3d 135) (July 23, 2004) (Judge Maryanne Trump Barry) by Here the Court vacated a gun conviction under 18 U.S.C. § 922(g)(3), finding that the Government had failed to proved that the defendant was “an unlawful user of or addicted to any …
Article • December 1, 2003 • from P&J December, 2003
U.S. v. Bennett, No. 01-8101 (10th Cir.) (329 F.3d 769) (May 22, 2003) (Judge Wade Brorby) by After pleading guilty to possessing a firearm silencer under 26 U.S.C. §§ 5841, 5845, 5861(d), 5871, the United States District Court for the District of Wyoming sentenced defendant to 37 months in prison …
Article • December 1, 2003 • from P&J December, 2003
U.S. v. Turnbull, No. 03-1633 (8th Cir.) (349 F.3d 558) (November 14, 2003) (Judge Kermit Edward Bye) by The defendant in this case was convicted by a jury of possession of a firearm while being an unlawful user of a controlled substance. On appeal, he argued that the evidence was …
Article • January 1, 2003 • from P&J January, 2003
U.S. v. Herrera, No. 00-51177 (5th Cir.) (313 F.3d 882) (November 26, 2002) (Per Curiam) by Here, without ever addressing the prior panel's reasoning that a person could not be an unlawful user of drugs for purposes of § 922(g)(1) absent frequent use of drugs in large quantities, the Court …
Article • June 1, 2002 • from P&J June, 2002
U.S. v. Herrera, No. 00-51177 (5th Cir.) (289 F.3d 311) (April 17, 2002) (Judge Harold R. Jr. DeMoss) by Among the many and growing categories of persons who are prohibited by Federal law from possessing firearms is any person “who is an unlawful user of or addicted to any controlled …