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United States v. Howard

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


June 29, 2007

UNITED STATES OF AMERICA
v.
ROBERT RAYMOND HOWARD, SR.,

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 29th day of June, 2007, upon consideration of defendant's motion (Doc. 49) to dismiss Counts VII and VIII of the superseding indictment,*fn1 arguing that receiving a handgun in exchange for drugs is not "use" within the meaning of 18 U.S.C. § 924(c)(1)(A), and it appearing that the U.S. Court of Appeals for the Third Circuit concluded that exchanging drugs for firearms constitutes "use" under 18 U.S.C. § 924(c)(1)(A), see United States v. Sumler, 294 F.3d 579, 582- 83 (3d Cir. 2002),*fn2 it is hereby ORDERED that the motion (Doc. 49) to dismiss Counts VII and VIII of the superseding indictment is DENIED.

CHRISTOPHER C. CONNER United States District Judge


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