United States v. Burchard ( 2009 )

JULIA SMITH GIBBONS, Circuit Judge,

concurring.

I concur in all of the opinion except Part III.G. While I make no criticism of the instruction offered in that section, I would prefer not to reach the question of what instruction should be given in future cases under § 922(g)(3). In my experience, cases under § 922(g)(3) are infrequently prosecuted, and we have little basis for knowing typical fact patterns in such cases. Selecting an instruction that might be generally appropriate is thus difficult. The better course seems to be to refrain from offering a suggested instruction at this time and do so in the future only if subsequent prosecutions demonstrate that it is needed.