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U.S. v. BURCHARD

No. 07-6312.

580 F.3d 341 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Randall H. BURCHARD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 2, 2009.

Attorney(s) appearing for the Case

ARGUED: Richard L. Walter, Boehl, Stopher & Graves, Paducah, KY, for Appellant. G. David Sparks, Assistant United States Attorney, Paducah, KY, for Appellee. ON BRIEF: Richard L. Walter, Boehl, Stopher & Graves, Paducah, KY, James B. Brien, Jr., Neely & Brien, Mayfield, Kentucky, for Appellant. G. David Sparks, Assistant United States Attorney, Paducah, Kentucky, Terry M. Cushing, Monica Wheatley, Assistant United States Attorneys, Louisville, KY, for Appellee.

WHITE, J., delivered the opinion of the court, in which TARNOW, D.J., joined. GIBBONS, J. (p. 355), delivered a separate concurring opinion.

OPINION

WHITE, Circuit Judge.

Following trial on three counts of knowingly possessing a firearm in and affecting commerce while being an unlawful user or addicted to a controlled substance, in violation of 18 U.S.C. § 922(g)(3) and § 924(a)(2), a jury found Defendant Randall H. Burchard guilty of possessing five of the nine firearms charged in the indictment. The district court sentenced Burchard to concurrent terms of 27 months' imprisonment and...

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