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U.S. v. BANKS

No. 02-41428.

339 F.3d 267 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Eric BANKS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Revised August 20, 2003.

Attorney(s) appearing for the Case

Alan Reeve Jackson, Asst. U.S. Atty. (argued), Tyler, TX, for Plaintiff-Appellant.

Lisa Beaird Shoalmire (argued), Norton Burgess, Texarkana, TX, for Defendant-Appellee.

Before KING, Chief Judge, and DAVIS and BENAVIDES, Circuit Judges.

KING, Chief Judge:

Defendant-Appellee Eric Banks was charged with five counts of possession of a firearm while subject to a restraining order in violation of 18 U.S.C. § 922(g)(8) (2000). The district court dismissed these counts because it found that the restraining order to which Banks was subject was not issued after a "hearing," as § 922(g)(8)(A) requires. The United States now appeals the dismissal of the counts, arguing that Banks did receive a "hearing...

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