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U.S. v. MIXON

No. 05-3795.

457 F.3d 615 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Sheyerman D. MIXON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 12, 2006.

Attorney(s) appearing for the Case

Gordon P. Giampietro (argued), Nelson W. Phillips, III, Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee.

Dean A. Strang (argued), Hurley, burish & Milliken, Madison, WI, Brian Fahl, Federal Defender Services of Eastern Wisconsin, Inc., Milwaukee, WI, for Defendant-Appellant.

Before CUDAHY, KANNE, and WOOD, Circuit Judges.

KANNE, Circuit Judge.

Sheyerman Mixon, a felon, was convicted of possessing ammunition, see 18 U.S.C. § 922(g)(1), after police caught him casing a video store while carrying an antique .38-caliber revolver loaded with five 9mm rounds. The government could not prosecute Mixon for having the gun itself; felons are prohibited from having "firearms," id. § 922(g)(1), but an "antique fire-arm"—like this revolver—is not a "firearm...

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