U.S. v. MURPHY

No. 95-5747.

107 F.3d 1199 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Calvin B. MURPHY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 4, 1997.


Attorney(s) appearing for the Case

Tracy L. Berry, Asst. U.S. Attorney (argued and briefed), Memphis, TN, for plaintiff-appellee.

April R. Ferguson (argued and briefed), Office of Federal Public Defender, Memphis, TN, for defendant-appellant.

Before: NORRIS and DAUGHTREY, Circuit Judges; HILLMAN, District Judge.


HILLMAN, D.J., delivered the opinion of the court, in which DAUGHTREY, J., joined. NORRIS, J. (pp. 1212-13), delivered a separate dissenting opinion.

HILLMAN, District Judge.

Appellant Calvin B. Murphy ("Murphy") appeals the convictions and sentence arising out of his prosecution as a convicted felon in possession of a firearm and of ammunition in violation of 18 U.S.C. § 922(g)(1). We affirm the convictions, but remand the case for resentencing.

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