You may remember the story of the 7-year old disciplined for biting his Pop Tart into the shape of a gun at school, Maryland school offers counseling for students troubled by “pastry gun” incident.

The evidence against the young lad was overwhelming and unimpeachable:
Pop-Tart Gun
The young perp has lost his first round of appeal:

CNS News via Weasel Zippers:
An appeal to have an eight year-old boy’s record expunged for a suspension he received for biting a Pop-Tart into the shape of a gun has been denied.
The attorney for Josh Welch, the boy who made national headlines after nibbling his pastry into a gun, said Monday that a top school official has denied an appeal to have the boy’s record expunged.
According to the Baltimore Sun, the family’s attorney, Robin Ficker, met with school officials last month, but no resolution was reached.
Ficker said the matter then went to the superintendent, Kevin Maxwell, whose office responded with a letter notifying the attorney that the appeal request had been denied.
But, Ficker isn’t giving up.
“I’ve spoken to Mr. Welch, and we’re definitely going to appeal to the board of education,” Ficker said.
While he’s fighting his appeals, at least he can enjoy his free lifetime NRA membership.
We will keep an eye on the legal developments of the Pop-Tart offender and his gang members, the young toughs who were caught in possession of pencil pointed like a gun, a Quarter-size Lego piece, a clear plastic toy gun, a Lego Gun, an empty cap gun, and a Nerf Gun, and who trashed talked other kids about a Bubble Gun and Nerf Gun.