United States of America v. Asher Adkins

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
February 4, 2002
Before
Hon. THOMAS E. FAIR CHILD, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge
Hon. TERENCE T. EVANS, Circuit Judge
No. 00-1057
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ASHER ADKINS,
Defendant-Appellant.
Appeal from the United States
District Court for the
Northern District of Indiana,
Fort Wayne Division.
No. 1:93-CR-27
William C. Lee, Chief Judge.
O R D E R
The opinion issued by this court on December 13, 2001 is amended as follows.
The sentence beginning at line 13 of page 10 is deleted, and in its place the following language
is substituted:
Adkins also points to Hummel’s testimony that during the same drug purchase, Adkins
showed him a .32 caliber pistol and told him that he had carried the weapon during all his
recent methamphetamine transactions. But since Adkins actually held and displayed this
handgun, this evidence, like all the other evidence on which the jury could have based its
conviction, qualified as evidence that Adkins “carried” a handgun as that term was defined
in Muscarello. We therefore affirm the conviction on this count.

-- 1 of 2 --

No. 00-1057 Page 2
On consideration of the petition for rehearing and rehearing en banc filed on December 27,
2001 by counsel for Defendant-Appellant Adkins, all members of the original panel have voted to
DENY the petition for rehearing. No judge in regular active service has requested a vote on the
petition for rehearing en banc.
Accordingly, IT IS ORDERED that rehearing and rehearing en banc are hereby DENIED.

-- 2 of 2 --