United States Sixth Circuit

Convictions for being a felon-in-possession of a firearm and carrying a firearm during and in relation to a drug trafficking crime are reversed in part as to the latter conviction where: 1) jury instructions and verdict form for such conviction were infected by a number of errors which impermissibly authorized a conviction of a non-existent offense, which in this case was that of possessing a firearm simply during a drug trafficking offense; and 2) the errors were prejudicial and the district court plainly erred.

Appellate Information

• Decided 10/07/2008
• Published 10/07/2008

Judges

• Before: MERRITT, MOORE, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert J. Dunn, Law Office, Bay City, Michigan, for Appellant.  Leonid Feller, Assistant United States Attorney, Detroit, Michigan, for Appellee.   ON BRIEF:  Robert J. Dunn, Law Office, Bay City, Michigan, for Appellant.  Leonid Feller, Assistant United States Attorney, Detroit, Michigan, for Appellee.