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U.S. v. APPLEBY

No. 03-3843.

380 F.3d 365 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Ray APPLEBY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 23, 2004.

Attorney(s) appearing for the Case

Virginia G. Villa, Minneapolis, MN, for appellant.

Erika R. Mozangue, Asst. U.S. Attorney, Minneapolis, MN, for appellee.

Before LOKEN, Chief Judge, BYE and MELLOY, Circuit Judges.

LOKEN, Chief Judge.

Ray Appleby applied to purchase a handgun from a federally licensed dealer after pleading guilty to domestic assault in state court and while a state court Order of Protection was outstanding against him. He completed and signed an ATF Form 4473, falsely answering "no" to questions asking if he was subject to a domestic protection order or had been convicted of a misdemeanor domestic violence offense. Appleby returned to the dealer and cancelled...

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