United States Sixth Circuit

Defendant's conviction for knowingly possessing a firearm in and affecting commerce while being an unlawful user or addicted to a controlled substance is affirmed where: 1) the district court did not abuse its discretion in declining to instruct the jury on defendant's proposed definition of "unlawful user"; 2) the district court's instruction made clear that the prosecutor was required to prove more than use of a controlled substance in a manner other than as prescribed by a licensed physician; and 3) reasonable jurors could have concluded from this evidence that defendant's use of crack cocaine was regular, sustained, and contemporaneous with his possession of the five firearms at issue.

Appellate Information

• Argued 12/03/2008
• Decided 09/02/2009
• Published 09/02/2009

Judges

• Before: GIBBONS and WHITE, Circuit Judges; TARNOW, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Richard L. Walter, Boehl, Stopher & Graves, Paducah, KY, for Appellant. G. David Sparks, Assistant United States Attorney, Paducah, KY, for Appellee. ON BRIEF:Richard L. Walter, Boehl, Stopher & Graves, Paducah, KY, James B. Brien, Jr., Neely & Brien, Mayfield, Kentucky, for Appellant. G. David Sparks, Assistant United States Attorney, Paducah, Kentucky, Terry M. Cushing, Monica Wheatley, Assistant United States Attorneys, Louisville, KY, for Appellee.