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U.S. v. ROGERS

No. 04-4048.

391 F.3d 1165 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Kenneth Charles ROGERS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 17, 2004.

Attorney(s) appearing for the Case

Diana Hagen, Assistant United States Attorney, District of Utah (Paul M. Warner, United States Attorney, District of Utah, Wayne T. Dance, Assistant United States Attorney, Chief, Appellate Section, on the brief), Salt Lake City, UT, for Plaintiff-Appellant.

Michael J. Boyle, Boyle & Drage, Ogden, UT, for Defendant-Appellee.

Before SEYMOUR, MURPHY, and McCONNELL, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

A federal grand jury indicted Kenneth Charles Rogers on one count of possessing a firearm while subject to a domestic protection order, in violation of 18 U.S.C. § 922(g)(8), and one count of possessing a firearm following a misdemeanor conviction of domestic violence, in violation of 18 U.S.C. § 922(g)(9). Officers discovered the existence of the firearms underlying these charges during a visit to Rogers...

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