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LOWERY v. U.S.

No. 06-CM-1195.

3 A.3d 1169 (2010)

Samuel C. LOWERY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 9, 2010.

Attorney(s) appearing for the Case

Enid Hinkes , appointed by the court, for appellant.

Bridget Fitzpatrick , Assistant United States Attorney, with whom Jeffrey A. Taylor , United States Attorney at the time, Roy W. McLeese III , Assistant United States Attorney, Florence Pan , Assistant United States Attorney at the time, and Jennifer A. Kerkhoff and Elizabeth Gabriel , Assistant United States Attorneys, were on the brief, for appellee.

Christine A. Monta , Public Defender Service, with whom James Klein and Alice Wang , Public Defender Service, were on the brief amicus curiae, in support of appellant.

Before GLICKMAN, FISHER, and BLACKBURNE-RIGSBY, Associate Judges.

FISHER, Associate Judge:

Appellant Samuel Lowery was convicted of one count of attempted possession of an unregistered firearm, D.C.Code §§ 7-2502.01(a), 22-1803 (2001), after Deputy U.S. Marshals found a handgun in the apartment where he was staying. He argues, for the first time on appeal, that this application of the District of Columbia's pre-Heller firearms law was unconstitutional as applied to him. See District of Columbia v. Heller,

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