United States Sixth Circuit

Breaking and entering of an unoccupied dwelling is a specified felony under Michigan state law, which requires that a person apply for the right to possess firearms. Denial of defendant's motion to dismiss a count of his indictment charging him with being a felon in possession of a firearm is affirmed over a claim that his breaking and entering of an unoccupied dwelling conviction from 30 years ago could not support the felon in possession charge.

Appellate Information

• Decided 08/22/2006
• Published 08/22/2006

Judges

• Before:  SILER, SUTTON, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Samuel J. Harris, Cookeville, Tennessee, for Appellant.   Philip H. Wehby, Assistant United States Attorney, Nashville, Tennessee, for Appellee.   ON BRIEF:  Samuel J. Harris, Cookeville, Tennessee, for Appellant.  Philip H. Wehby, Assistant United States Attorney, Nashville, Tennessee, for Appellee.