U.S. v. BENA

No. 10-2834.

664 F.3d 1180 (2011)

UNITED STATES of America, Appellee, v. Robert BENA, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 21, 2011.


Attorney(s) appearing for the Case

Clemens A. Erdahl , argued, Cedar Rapids, IA, for appellant.

Kevin R. Gingras , argued, AUSA, Washington, DC, Robert L. Tieg , AUSA, Joshua L. Christenson , on the brief, Cedar Rapids, IA, for appellee.

Before MURPHY, BEAM, and COLLOTON, Circuit Judges.


COLLOTON, Circuit Judge.

Robert Bena pleaded guilty to unlawful possession of firearms while subject to a court order of protection, in violation of 18 U.S.C. § 922(g)(8). Bena reserved his right to appeal the district court's1 denial of his motion to dismiss the indictment. On appeal, Bena renews his arguments that § 922(g)(8) violates the Second, Fifth, and Sixth Amendments. We affirm.

I.

On February 2, 2010...

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