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U.S. v. McWEENEY

No. 05-10349.

454 F.3d 1030 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Nicholas J. McWEENEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 21, 2006.

Attorney(s) appearing for the Case

Jason Carr, Assistant Federal Public Defender, Las Vegas, NV, for the defendant-appellant.

Brian Quarles, Assistant United States Attorney, Las Vegas, NV, for the plaintiff-appellee.

Before: GOODWIN, B. FLETCHER, and FISHER, Circuit Judges.

GOODWIN, Circuit Judge:

Nicholas J. McWeeney appeals his conviction for violating 18 U.S.C. §§ 922(g)(1), 924(a)(2) (being a felon in possession of a firearm). He assigns error to the denial of his motion to suppress. Because the district court did not make a finding with respect to coercion, we vacate the judgment of conviction and remand the case to the district court with instructions to conduct an evidentiary hearing consistent with this opinion.

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