United States Sixth Circuit

Defendant's drug and firearm conviction is affirmed in part, where there was sufficient evidence to show Defendant's possession of the drugs at issue, but reversed in part, where the District Court incorrectly instructed the jury on a nonexistent "possession of a firearm during a drug offense" charge.

Appellate Information

• Decided 03/09/2009
• Published 03/09/2009

Judges

• Before MARTIN and MOORE, Circuit Judges;  GWIN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant.  Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.   ON BRIEF:  Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant.  Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.