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U.S. v. OGLES

Nos. 03-10439, 04-10069.

406 F.3d 586 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. John Gilbert OGLES, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. John Gilbert Ogles, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 28, 2005.

Attorney(s) appearing for the Case

Paul K. Charlton, United States Attorney for the District of Arizona, Maria Davila, Assistant United States Attorney for the District of Arizona, and Michael A. Rotker, United States Department of Justice, Washington, D.C., for the government.

Richard E. Gardiner, Fairfax, Virginia, for defendant John Gilbert Ogles.

Before: PAMELA ANN RYMER, RICHARD C. TALLMAN, and CARLOS T. BEA, Circuit Judges.

Opinion by Judge BEA; Partial Concurrence and Partial Dissent by Judge RYMER.

BEA, Circuit Judge.

John Gilbert Ogles appeals his conviction for willfully selling and transferring physical possession of a firearm in violation of 18 U.S.C. §§ 922(b)(3) and 924(a)(1)(D) (Count One), on grounds that the district court erred in denying both his motion for a judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29 and his motion for a new...

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