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U.S. v. FRANCIS

No. 05-3703.

462 F.3d 810 (2006)

UNITED STATES of America, Appellant, v. John Robert FRANCIS, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 8, 2006.

Attorney(s) appearing for the Case

Richard E. Monroe, Asst. U.S. Atty., argued, Springfield, MO (Todd P. Graves, U.S. Atty., on the brief, Philip M. Koppe, Asst. U.S. Atty., Kansas City, MO, on motion to modify), for appellant.

Donald R. Cooley, argued, Springfield, MO, for appellee.

Before SMITH, HEANEY, and GRUENDER, Circuit Judges.

SMITH, Circuit Judge.

John Robert Francis pleaded guilty to possession of a single firearm after being convicted of a crime punishable with more than one year's imprisonment, in violation of 18 U.S.C. § 922(g)(1), 924(a)(2). At sentencing, the government presented evidence that Francis constructively possessed an additional 211 firearms by virtue of his actions as an employed consultant at a high-end firearms store with access to its weapons vault. The government...

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