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United States Seventh Circuit


US v. Podhorn, 06-2139

Conviction of a licensed firearms dealer for making false statements, selling stolen firearms, and recordkeeping violations is affirmed, and sentence vacated, and remanded where: 1) evidence gathered in interviews of defendant and in searches of his home and business was not obtained in violation of Miranda; 2) there was no abuse of discretion in allowing one of the firearms to be displayed at trial; 3) a jury instruction on a lesser-included offense was not required; and 4) two sentencing enhancements were properly applied.

Appellate Information

  • Decided 12/08/2008
  • Published 12/08/2008

Judges

  • WOOD, Circuit Judge., Before FLAUM, RIPPLE, and WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Thomas Edward Leggans (argued), Office of the United States Attorney, Benton, IL, for Plaintiff-Appellee., Thomas L. Shriner, Jr., Paul Bargren (argued), Foley & Lardner, Milwaukee, WI, for Defendant-Appellant.
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