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U.S. v. ROGERS

No. 04-1461.

400 F.3d 640 (2005)

UNITED STATES of America, Appellant, v. James William ROGERS, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 16, 2005.

Attorney(s) appearing for the Case

Philip M. Koppe, argued, Assistant U.S. Attorney, Kansas City, MO (Todd P. Graves, U.S. Atty., on the brief), for appellant.

David R. Mercer, argued, Assistant Federal Public Defender, Springfield, MO (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO., on the brief), for appellee.

Before MELLOY, BOWMAN, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

The district court granted James William Rogers's motion for a downward departure under U.S.S.G § 5K2.0, after he pled guilty to being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1). The United States appeals, claiming an absence of extraordinary or atypical rehabilitation. Jurisdiction being proper under 18 U.S.C. § 3742(b) and 28 U.S.C. § 1291, this court reverses and remands.

Eight months after Rogers...

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