U.S. v. HOLMES

No. 04-1007.

413 F.3d 770 (2005)

UNITED STATES of America, Appellee, v. Xavier E. HOLMES Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 7, 2005.


Attorney(s) appearing for the Case

Stephen C. Moss, Attorney Federal Public Defender, argued, Kansas City, MO, for appellant.

Jess E. Michaelsen, Asst. U.S. Attorney, Kansas City, MO, for appellee.

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


MELLOY, Circuit Judge.

Xavier Holmes appeals his conviction by a jury of being a felon in possession of a firearm that had traveled in interstate commerce, in violation of 18 U.S.C. § 922(g)(1). We reverse and remand for a new trial.

I.

Two police officers, Officer Snyder and Officer LeMoine, were dispatched to an apartment where Mr. Holmes and a gun were found after Brenda Williams (a sister of Mr. Holmes's girlfriend, Sheila Perry) called...

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