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U.S. v. CAREY

No. 09-3399.

602 F.3d 738 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph A. CAREY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 19, 2010.

Attorney(s) appearing for the Case

ARGUED: William L. Tabac, Law Office, Parkman, Ohio, for Appellant. Bernard A. Smith, Assistant United States Attorney, Akron, Ohio, for Appellee. ON BRIEF: William L. Tabac, Law Office, Parkman, Ohio, for Appellant. Bernard A. Smith, Assistant United States Attorney, Akron, Ohio, for Appellee.

Before: MARTIN and GIBBONS, Circuit Judges; MARBLEY, District Judge.

OPINION

MARBLEY, District Judge.

Defendant-Appellant Joseph Carey ("Carey") appeals the decision of the district court to deny his "Petition for Order of Expunction of a Conviction" (construed by the district court as a Motion for Expungement). Carey concedes that the Supreme Court, in District of Columbia v. Heller, ___ U.S. ___, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008), specifically upheld firearm prohibitions for...

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