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HERRINGTON v. U.S.

No. 07-CF-98.

6 A.3d 1237 (2010)

Kevin A. HERRINGTON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided November 4, 2010.

Attorney(s) appearing for the Case

Christine A. Monta , Public Defender Service, with whom James Klein , Alice Wang and Joshua Deahl , Public Defender Service, were on the brief, for appellant.

Stephan E. Oestreicher, Jr. , Special Assistant United States Attorney, with whom Jeffrey A. Taylor , United States Attorney at the time, and Roy W. McLeese III , Assistant United States Attorney, were on the brief, for appellee.

Before GLICKMAN and FISHER, Associate Judges, and WAGNER, Senior Judge.

GLICKMAN, Associate Judge:

Appellant Kevin Herrington was convicted in 2006 of unlawful possession of ammunition (UA), in violation of D.C.Code § 7-2506.01 (2001) (now § 7-2506.01(a) (Supp. 2010)). His conviction was based solely on evidence that he possessed handgun ammunition in his home. Subsequently, in District of Columbia v. Heller,1 the Supreme Court held that the District's general ban on possession of usable handguns...

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