U.S. v. WEAVER

No. 10-4885.

659 F.3d 353 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Richard Timothy WEAVER, a/k/a Lucky; Elmer Luke Moore, a/k/a Tramp; Kim H. Berryman, a/k/a Bear; Steven Lynn Knight, a/k/a Steve O; Brian Scott Mitchell, a/k/a Kegs; Michael Lee Phelps, a/k/a AJ, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: October 24, 2011.


Attorney(s) appearing for the Case

ARGUED: Steven Loew , Office of the United States Attorney, Charleston, West Virginia, for Appellant. Deirdre H. Purdy , Chloe, West Virginia, for Appellees. ON BRIEF: R. Booth Goodwin II , United States Attorney, Charleston, West Virginia, for Appellant. Carl James Roncaglione, Jr. , Charleston, West Virginia, for Appellant Elmer Luke Moore ; Richard W. Weston , Weston Law Office, Huntington, West Virginia, for Appellant Kim H. Berryman ; Mark Lee McMillian , Charleston, West Virginia, for Appellant Steven Lynn Knight ; Roger D. Curry , Curry Amos & Associates, Fairmont, West Virginia, for Appellant Brian Scott Mitchell ; John A. Proctor , Proctor Law Offices, PLLC, Huntington, West Virginia, for Appellant Michael Lee Phelps.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge TRAXLER and Judge NIEMEYER joined.


OPINION

WILKINSON, Circuit Judge:

The question here is whether 18 U.S.C. § 922(h), which prohibits a person from possessing a firearm while "employed for" a convicted felon, applies only to persons employed for tangible compensation. After holding that § 922(h) requires the government to prove some form of payment— and noting the government's concession that it could not make such a showing here—the district court granted defendants...

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