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U.S. v. RODRIGUEZ

No. 12-2203.

739 F.3d 481 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Manuel RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 31, 2013.

Attorney(s) appearing for the Case

Scott M. Davidson , The Appellate Law Office of Scott M. Davidson, Albuquerque, NM, for Defendant-Appellant.

James R.W. Braun , Assistant United States Attorney ( Kenneth J. Gonzales , United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before GORSUCH and BALDOCK, Circuit Judges, and JACKSON, District Judge.

BALDOCK, Circuit Judge.

Section 30-7-1 of the New Mexico Criminal Code defines "[c]arrying a deadly weapon" as "being armed with a deadly weapon by having it on the person, or in close proximity thereto, so that the weapon is readily accessible for use." Section 30-7-2 of the Code is entitled "Unlawful carrying of a deadly weapon." Subject to five enumerated exceptions, subsection (A) proscribes "carrying a concealed loaded firearm or any other type of deadly weapon...

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