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U.S. v. ATANDI

No. 03-4014.

376 F.3d 1186 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Denis Gisemba ATANDI, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 23, 2004.

Attorney(s) appearing for the Case

Michael S. Lee, Assistant United States Attorney, Salt Lake City, UT, (Paul M. Warner, United States Attorney, with him on the briefs), for Plaintiff-Appellant.

S. Austin Johnson, Johnson Law Firm, PC, Orem, UT, for Defendant-Appellee.

Before EBEL, ANDERSON, and HARTZ, Circuit Judges.

EBEL, Circuit Judge.

Defendant Denis Gisemba Atandi, a citizen of Kenya, was charged under 18 U.S.C. § 922(g)(5)(A) as an alien illegally or unlawfully in the United States in possession of firearms. This case requires us to decide whether § 922(g)(5)(A)'s firearm disability applies to aliens who (1) have violated the conditions of their visa status but who have not yet been ordered removed from the country, and (2) have had a Form I-130 Petition for Alien...

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