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U.S. v. THOMSON

No. 02-4224.

354 F.3d 1197 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Glade THOMSON, also known as Kevin Thompson, also known as Kevin Thomsom, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 30, 2003.

Attorney(s) appearing for the Case

Wayne T. Dance, Assistant United States Attorney (Paul M. Warner, United States Attorney; Diana Hagen, Assistant United States Attorney, with him on the briefs), Salt Lake City, Utah, for Plaintiff-Appellee.

Scott Keith Wilson, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender, with him on the briefs), Salt Lake City, Utah, for Defendant-Appellant.

Before TACHA, Chief Circuit Judge, BRORBY, Senior Circuit Judge, and MURPHY, Circuit Judge.

MURPHY, Circuit Judge.

I. INTRODUCTION

Police Officer Joseph Cyr seized defendant Kevin Thomson's handgun from a nylon bag during an investigation concerning threats Thomson allegedly made to his co-workers. When Thomson was indicted for possession of a firearm following a domestic violence conviction, in violation of 18 U.S.C. § 922(g)(9), he filed a motion to suppress the handgun. The district court denied the suppression motion, relying on the community...

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