U.S. v. GILBERT

No. 04-5004.

430 F.3d 215 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Alphonso Buster GILBERT, Sr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 28, 2005.


Attorney(s) appearing for the Case

ARGUED: Paul Anthony Dull, Brumberg, Mackey & Wall, P.L.C., Roanoke, Virginia, for Appellant. Ronald Andrew Bassford, Assistant United States Attorney, Office of the United States Attorney, Roanoke, Virginia, for Appellee. ON BRIEF: John L. Brownlee, United States Attorney, Jill Lowell, Third Year Practice Law Student, Office of the United States Attorney, Roanoke, Virginia, for Appellee.

Before WILKINSON, WILLIAMS, and TRAXLER, Circuit Judges.


Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge WILLIAMS and Judge TRAXLER joined.

WILKINSON, Circuit Judge.

The defendant in this case seeks to overturn his conviction as a felon in possession of a firearm by invoking an affirmative defense of "innocent possession." He claims that 18 U.S.C. § 922(g)(1) (2000) does not apply when a defendant can show that his possession was both transitory and without illicit motive. We...

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