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U.S. v. CARPIO-LEON

No. 11-5063.

701 F.3d 974 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Nicolas CARPIO-LEON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 14, 2012.

Attorney(s) appearing for the Case

ARGUED: Douglas Neal Truslow , Columbia, South Carolina, for Appellant. Robert Frank Daley, Jr. , Office of the United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: William N. Nettles , United States Attorney, J.D. Rowell , Assistant United States Attorney, Office of the United States Attorney, Columbia, South Carolina, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge TRAXLER and Judge MOTZ joined.

OPINION

NIEMEYER, Circuit Judge:

After Nicolas Carpio-Leon, a citizen of Mexico, was indicted for possessing firearms while being "illegally or unlawfully in the United States," in violation of 18 U.S.C. § 922(g)(5), he filed a motion to dismiss the charge, contending that § 922(g)(5) violated his rights under the Second and Fifth Amendments to the United States Constitution. The district court denied Carpio-Leon's motion, and Carpio-Leon then...

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