U.S. v. OLIVER

No. 03-5586.

390 F.3d 482 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. James Shannon OLIVER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 29, 2004.


Attorney(s) appearing for the Case

ON BRIEF: Jason Rapp, McCoy, West, Franklin & Beal, Lexington, Kentucky, for Appellant. Charles P. Wisdom, Jr., Assistant United States Attorney, Lexington, Kentucky, for Appellee.

Before: SILER, BATCHELDER, and ROGERS, Circuit Judges.


OPINION

ROGERS, Circuit Judge.

Defendant James Oliver pled guilty to one count of possession of a semiautomatic weapon in violation of 18 U.S.C. §§ 924(c)(1)(A) and (B)(i). The statute mandates a minimum sentence of ten years if a firearm used during drug trafficking "is a ... semiautomatic assault weapon...." 18 U.S.C. § 924(c)(1)(B)(i). The only question presented on appeal is whether the firearm in question met the statutory definition...

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