U.S. v. SPRUILL

No. 99-50827. Summary Calendar.

292 F.3d 207 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Brian Scott SPRUILL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 15, 2002.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Angela S. Raba, San Antonio, TX, for Plaintiff-Appellee.

Evers Jason Leach, Odessa, TX, for Defendant-Appellant.

Before GARWOOD, BARKSDALE and DEMOSS, Circuit Judges.


GARWOOD, Circuit Judge:

Defendant-appellant Brian Scott Spruill (Spruill) appeals his guilty plea conviction for violating 18 U.S.C. § 922(g)(8). Notwithstanding his plea agreement's waiver of appellate rights to challenge the conviction on grounds other than the Fifth and Second Amendments, we vacate and remand because the record clearly reflects and the district court found that the predicate court order was not "issued after a hearing of which such...

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