U.S. v. MARKEY

No. 04-2044.

393 F.3d 1132 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Randall MARKEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 29, 2004.


Attorney(s) appearing for the Case

Submitted on the briefs:* Dawn T. Adrian, Albuquerque, NM, for the Defendant-Appellant.

David C. Iglesias, United States Attorney, and David N. Williams, Assistant United States Attorney, Office of the United States Attorney, Albuquerque, NM, for the Plaintiff-Appellee.

Before TACHA, Chief Circuit Judge, HENRY, Circuit Judge, and WHITE, District Judge.


TACHA, Chief Circuit Judge.

Defendant-Appellant Kenneth Randall Markey pleaded guilty to a one-count indictment for being a felon in possession of explosives in violation of 18 U.S.C. § 842(i)(1). As a condition to entering the plea, Mr. Markey reserved the right to appeal the District Court's order precluding him from presenting evidence that the dynamite he possessed could not actually explode. We take jurisdiction pursuant to 28 U.S.C. § 1291 and AFFIRM...

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