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US v. Burchard, No. 07-6312

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.

Read US v. Burchard, No. 07-6312

Appellate Information

Argued: December 3, 2008

Decided and Filed: September 2, 2009


Opinion by Judge White


For Appellant:

Richard L. Walter, Boehl, Stopher & Graves, Paducah, KY

For Appellee:

G. David Sparks, Assistant United States Attorney, Paducah, KY