United States Court of Appeals for the Ninth Circuit · 2001-08-31
author: unavailable · not independently reviewed
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interpretation
We emphasize, however, that to sustain a con-vietion under § 922(g)(3), the government must prove — as it did here — that the defendant took drugs with regularity, over an extended period of time, and contemporaneously with his purchase or possession of a firearm.
United States v. Purdy — 264 F.3d 809 · United States Court of Appeals for the Ninth Circuit · 2001 (18usc922: author: unavailable · not independently reviewed)
We emphasize, however, that to sustain a con-vietion under § 922(g)(3), the government must prove — as it did here — that the defendant took drugs with regularity, over an extended period of time, and contemporaneously with his purchase or possession of a firearm.Source:
docroot/ir/caselaw/f3d_264.jsonl#/f3d/264/0809-01; Unicode character offsets [8170:8434] (end exclusive); SHA-256 4e85fc5a205c82795b0074acd70f103c0e28516edc1018c880d8a14e963178c4.Purdy, 264 F.3d 809, 812-13 (9th Cir. 2001), supplies a Ninth Circuit statutory construction in an as-applied vagueness decision. Apply the governing circuit's formulation and proof beyond reasonable doubt; this is not a nationwide fixed lookback period. It defines the user branch, not the alternative addiction branch. Hemani's Second Amendment question remains separate.