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U.S. v. JOHNSON

No. 05-10708.

459 F.3d 990 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. William JOHNSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2006.

Attorney(s) appearing for the Case

Cynthia S. Hahn, Assistant Federal Public Defender, Reno, NV, argued the cause for the appellant. Franny A. Forsman, Federal Public Defender, and Jason F. Carr, Assistant Federal Public Defender, Las Vegas, Nevada, were on the brief.

William R. Reed, Assistant United States Attorney, Las Vegas, NV, argued the cause for the appellee and was on the brief. Daniel G. Bogden, United States Attorney, and Robert L. Ellman, Chief, Appellate Division, were also on the brief.

Before PROCTER HUG, JR., and DIARMUID F. O'SCANNLAIN, Circuit Judges, and JEFFREY T. MILLER, District Judge.

O'SCANNLAIN, Circuit Judge.

We are asked to decide whether there exists an "innocent possession" defense that would excuse a defendant for being a felon in possession of a firearm if he had obtained it innocently and his possession was transitory.

I

A

On August 5, 2003, Shawn Romprey, an officer with the Las Vegas Metropolitan Police Department, was dispatched to investigate an alleged assault...

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