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U. S. v. REED

No. 96-3171.

114 F.3d 1067 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Derrick D. REED, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 2, 1997.

Attorney(s) appearing for the Case

Lanny D. Welch, Assistant U.S. Attorney, Wichita, Kansas (Jackie N. Williams, United States Attorney for the District of Kansas, and Lisa Simotas, Attorney, Department of Justice, Washington, D.C., with him on the brief), for Plaintiff-Appellant.

Kurt P. Kerns (Aronda Strutt Kerns, with him on the brief), Wichita, Kansas, for Defendant-Appellee.

Before PORFILIO, HOLLOWAY and ANDERSON, Circuit Judges.

HOLLOWAY, Circuit Judge.

This is an appeal by the government under 18 U.S.C. § 3731 from the district court's order dismissing five counts of an eight-count indictment. The counts challenged in the defendant's motion to dismiss were based on 18 U.S.C. § 922(g), which provides, in pertinent part:

It shall be unlawful for any person — ... (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the...

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