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U.S. v. WALKER

No. 03-3773.

380 F.3d 391 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Darrell D. WALKER, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 24, 2004.

Attorney(s) appearing for the Case

Rudolph R. Rhodes, IV, argued, Assistant U.S. Attorney, of Kansas City, Missouri (Todd P. Graves, U.S. Atty., and Philip M. Koppe, Asst. U.S. Atty., on the brief), for appellant.

Christopher C. Harlan, argued, Kansas City, Missouri, for appellee.

Before MORRIS SHEPPARD ARNOLD, McMILLIAN, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

This is an interlocutory appeal by the Government from a district court order finding that a felon's simultaneous possession of a firearm and ammunition for that firearm comprised only one offense such that prosecution could not proceed under two counts. Because United States v. Peterson, 867 F.2d 1110 (8th Cir.1989), controls, and because a panel of this court held in Peterson that the simultaneous...

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