U.S. v. ROGERS

No. 03-4153.

371 F.3d 1225 (2004)

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

United States Court of Appeals, Tenth Circuit.

June 15, 2004.


Attorney(s) appearing for the Case

Barbara Bearnson, Assistant United States Attorney, District of Utah (Paul M. Warner, United States Attorney, District of Utah, with her on the brief), Salt Lake City, UT, for Plaintiff/Appellant.

Michael J. Boyle, Boyle & Drage, P.C., Ogden, UT, for Defendant/Appellee.

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


MURPHY, Circuit Judge.

I. INTRODUCTION

The district court concluded that the United States was not entitled to an 18 U.S.C. § 3142 hearing to determine whether the defendant-appellee, Kenneth Rogers, should be detained pending trial on charges of possession of a firearm while subject to a protection order, in violation of 18 U.S.C. § 922(g)(8), and possession of a firearm following a misdemeanor conviction of domestic violence, in violation of...

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