United States Seventh Circuit

Conviction for selling a firearm to an individual known or reasonably believed to be a felon is affirmed over defendant's claims that: 1) the government and the district court constructively amended the indictment; 2) he was entitled to a new trial based on the district court's failure to instruct the jury as to the meaning of the phrase "reasonable cause to believe" in 18 U.S.C. section 922(d); 3) there was insufficient evidence that he knew the person had been convicted of a felony; 4) the government failed to offer evidence proving that the gun had moved in interstate commerce; and 5) the district court failed to properly weigh the sentencing factors in 18 U.S.C. section 3553, and instead relied on improper and irrelevant factors when sentencing him.

Appellate Information

• Argued 01/03/2007
• Decided 12/26/2007
• Published 12/26/2007

Judges

• ROVNER, Circuit Judge., Before KANNE, ROVNER, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Dean R. Lanter (argued), Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee., Lucy C. Lisiecki (argued), Stephen J. Landes, Wildman, Harrold, Allen & Dixon, Chicago, IL, for Defendant-Appellant.