United States Sixth Circuit

Where evidence suggests that defendant obtained machine gun as an unsolicited gift, it cannot be said that his possession of the gun at the time of its delivery was designed to promote his drug trafficking; thus, his conviction under 18 U.S.C. section 924(c) reversed.

Appellate Information

• Decided 10/28/2002
• Published 10/28/2002

Judges

• Before BATCHELDER and CLAY, Circuit Judges;  CARR, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Allen Lawrence, Jr., Pollock, LA, pro se.


• For Appellees:
  
• Charles P. Wisdom, Jr. (briefed), Kevin C. Dicken (argued and briefed), Assistant U.S. Attorneys, U.S. Attorney's Office, Lexington, KY, for Plaintiff-Appellee., Kevin M. Schad (argued and briefed), Schad & Cook, Indian Springs, OH, for Defendant-Appellant.