Opinion

United States v. Burchard

  • 580 F.3d 341
  • 2009 U.S. App. LEXIS 19796
  • 2009 WL 2768494
Court
Court of Appeals for the Sixth Circuit
Filed
Sep 2, 2009
Status
Published
Author
Gibbons
On the bench
Gibbons, White, Tarnow
Cited by
31 cases

holding that "[t]he law does not require that the Defendant used the controlled substance at the precise time he possessed the firearm"

How later courts described this case

  • holding that "[t]he law does not require that the Defendant used the controlled substance at the precise time he possessed the firearm"
  • holding that an objection was preserved when the defendant objected to the court’s failure to read proposed jury instruction
  • acknowledging that syringes and scales are common drug paraphernalia
  • affirming the use of an instruction nearly identical to that of the district court’s before crafting a substantively similar instruction to be giv en in future cases

Written by the judges who cited it.

The opinion

JULIA SMITH GIBBONS, Circuit Judge,

concurring.

I concur in all of the opinion except Part III.G. While I make no criticism of the instruction offered in that section, I would prefer not to reach the question of what instruction should be given in future cases under § 922(g)(3). In my experience, cases under § 922(g)(3) are infrequently prosecuted, and we have little basis for knowing typical fact patterns in such cases. Selecting an instruction that might be generally appropriate is thus difficult. The better course seems to be to refrain from offering a suggested instruction at this time and do so in the future only if subsequent prosecutions demonstrate that it is needed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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