U.S. v. McGILBERRY

No. 04-60701.

480 F.3d 326 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Gerrian Lamond McGILBERRY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 21, 2007.


Attorney(s) appearing for the Case

Gaines H. Cleveland, Asst. U.S. Atty. (argued), Gulfport, MS, Jerry L. Rushing, Jackson, MS, for U.S.

John William Weber, III (argued), Gulfport, MS, Ellen Maier Allred, Hattiesburg, MS, for McGilberry.

Before SMITH, BENAVIDES and PRADO, Circuit Judges.


BENAVIDES, Circuit Judge:

A jury convicted Gerrian McGilberry of possession of a firearm by a convicted felon (Count 1) and possession of a firearm during and in relation to a drug trafficking offense (Count 2). The court sentenced McGilberry to forty-one months imprisonment on Count 1 and a consecutive term of sixty months on Count 2.

On appeal, McGilberry argues for the first time that his indictment was defective, there was a constructive amendment of his...

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