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U.S. v. DeSOTO

No. 89-2168.

950 F.2d 626 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Eloy Horacio DeSOTO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 14, 1991.

Attorney(s) appearing for the Case

Susan L. Foreman, Asst. Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the briefs), Denver, Colo., for defendant-appellant.

James Murphy, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., and Robert J. Gorence, Asst. U.S. Atty., on the briefs), D.N.M., Albuquerque, N.M., for plaintiff-appellee.

Before McKAY, Chief Judge, ANDERSON, Circuit Judge, and BROWN, District Judge.

McKAY, Chief Judge.

Defendant Eloy H. DeSoto was indicted on one count of possessing a firearm and ammunition after having been convicted of a crime punishable by imprisonment for a term exceeding one year. The indictment charged defendant with possessing a .9mm pistol and two magazines loaded with sixty rounds of .223 caliber ammunition in violation of 18 U.S.C. § 922(g)(1) (1988). The district court entered a judgment of conviction after a jury returned a guilty...

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