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UNITED STATES v. ROGERS

No. 05-3148.

448 F.3d 1033 (2006)

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

United States Court of Appeals, Eighth Circuit.

Filed: May 25, 2006.

Attorney(s) appearing for the Case

Lawrence E. Miller, argued, Asst. U.S. Atty., Jefferson City, MO (Philip M. Koppe, Asst. U.S. Atty., Todd P. Graves, U.S. Atty., Kansas City, MO, on the brief), for appellant.

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

Before WOLLMAN, HANSEN, and BENTON, Circuit Judges.

PER CURIAM.

Eight months after being paroled on a state felony drug charge, James William Rogers was found in possession of a rifle after deer hunting. Despite his pleas, the conservation agent confiscated the weapon and notified his parole officer. Rogers pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). At his first sentencing, the district court imposed five years probation, granting a downward departure from the...

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