United States Sixth Circuit

A conviction and sentence for being a felon in possession of a firearm is affirmed over claims that the district court erred by: 1) denying a request for a jury instruction on the required nexus between the firearm and interstate commerce; 2) admitting evidence that defendant possessed the firearm four days prior to the date charged in the indictment, thereby permitting a constructive amendment to or unlawful variance from the indictment; 3) applying the armed career criminal enhancement; and 4) imposing an unreasonable sentence.

Appellate Information

• Decided 04/06/2007
• Published 04/06/2007

Judges

• Before: GIBBONS and ROGERS, Circuit Judges;  HOLSCHUH, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jeff Mueller, Mueller & Ellis, Jackson, Tennessee, for Appellant.  R. Leigh Grinalds, Assistant United States Attorney, Jackson, Tennessee, for Appellee.   ON BRIEF:  Jeff Mueller, Mueller & Ellis, Jackson, Tennessee, for Appellant.  R. Leigh Grinalds, Assistant United States Attorney, Jackson, Tennessee, for Appellee.