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U.S. v. WHEELER

No. 05-3038.

525 F.3d 1254 (2008)

UNITED STATES of America, Appellee v. J.D. WHEELER, III, Appellant

United States Court of Appeals, District of Columbia Circuit.

Decided May 16, 2008.

Attorney(s) appearing for the Case

Sandra G. Roland, Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer, Federal Public Defender. Neil H. Jaffee, Assistant Federal Public Defender, entered an appearance.

Michael T. Ambrosino, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese III, Assistant U.S. Attorney.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

A jury convicted J.D. Wheeler, III of using, carrying, and possessing a firearm in violation of 18 U.S.C. § 924(c)(1). Wheeler has two grounds of appeal: the government's evidence was insufficient to support his conviction and the judge erroneously instructed the jury.

Viewed most favorably to the government, United States v. Wahl, 290 F.3d 370, 375 (D.C.Cir.2002), the evidence showed as...

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