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U.S. v. MOIT

No. 96-2801.

100 F.3d 605 (1996)

UNITED STATES of America, Appellee, v. Billy Ray MOIT, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 14, 1996.

Attorney(s) appearing for the Case

Jeffrey J. Rosanswank, Cape Girardeau, MO, for appellant.

Michael A. Price, Cape Girardeau, MO, for appellee.

Before BOWMAN, MAGILL, and LOKEN, Circuit Judges.

PER CURIAM.

Billy Ray Moit challenges the thirteen-month sentence imposed by the District Court after he pleaded guilty to unlawfully possessing a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). We reverse.

In conjunction with an unrelated investigation, and with Moit's consent, law enforcement officers searched Moit's residence located on forty acres in rural Missouri. They seized five firearms, including three shotguns, a .30-06 rifle...

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