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United States v. Howard

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 ...


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