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U.S. v. COLLINS

Nos. 02-4131, 03-1239.

350 F.3d 773 (2003)

UNITED STATES of America, Appellee, v. Gregory COLLINS, Appellant. United States of America, Appellant, v. Gregory Collins, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 21, 2003.

Petition for Rehearing Denied January 15, 2004.

Attorney(s) appearing for the Case

David R. Treimer, Davenport, IA, argued, for appellant/cross-appellee.

Mary C. Luxa, Asst. U.S. Atty., Des Moines, IA, argued, for appellee/cross-appellant.

Before RILEY, HEANEY, and SMITH, Circuit Judges.

The petition for rehearing by the panel filed by the United States is denied.

HEANEY, Circuit Judge.

Gregory Collins challenges his conviction for disposing firearms to a person he knew or had reasonable cause to know was an unlawful user of or addicted to a controlled substance, in violation of 18 U.S.C. § 922(d)(3). Collins argues that the district court constructively amended the indictment by incorrectly instructing the jury on the law. We agree,...

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