U.S. v. URBANO

No. 08-3147.

563 F.3d 1150 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Robbie S. URBANO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 29, 2009.


Attorney(s) appearing for the Case

Timothy J. Henry, Assistant Federal Public Defender, District of Kansas, Wichita, KS, for Defendant-Appellant.

Jared S. Maag, Office of the United States Attorney (Marietta Parker, Acting United States Attorney, D. Blair Watson, Assistant United States Attorney, on the briefs), District of Kansas, Wichita, KS, for Plaintiff-Appellee.

Before LUCERO, BALDOCK, and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

I. INTRODUCTION

Defendant-Appellant Robbie Urbano challenges his convictions and sentence for Possession of a Firearm by a Felon in violation of 18 U.S.C. § 922(g)(1) and Possession of Cocaine Base ("crack") in violation of 21 U.S.C. § 844. He argues 18 U.S.C. § 922(g)(1) is unconstitutional as applied to him and further contends the district court erred in refusing to give his proffered jury instruction requiring the...

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