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U.S. v. RICHARDSON

No. 04-3472.

439 F.3d 421 (2006)

UNITED STATES of America, Plaintiff—Appellee, v. Earnest Jesse RICHARDSON, also known as Ernest Jesse Richardson, also known as Torrence C. Epps, Defendant—Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 2, 2006.

Attorney(s) appearing for the Case

Daniel M. Scott, Federal Public Defender, Minneapolis, Minnesota, for appellant.

Lisa A. Biersay, Assistant U.S. Attorney, Minneapolis, Minnesota, for appellee.

Before LOKEN, HEANEY, WOLLMAN, ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, and BENTON, Circuit Judges.

PER CURIAM.

We issued a panel opinion in this matter on November 4, 2005. The defendant filed for rehearing en banc on the limited issue set forth in Section V of that opinion, namely, whether a defendant, based upon a single act of possession, can be convicted and punished under both 18 U.S.C. § 922(g)(1) (felon in possession) and (g)(3) (drug user in possession). The government conceded that rehearing is appropriate...

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