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U.S. v. ELLSWORTH

No. 05-10365.

456 F.3d 1146 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Dean ELLSWORTH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2006.

Attorney(s) appearing for the Case

Cynthia S. Hahn, Assistant Federal Public Defender, Reno, NV, for the defendant-appellant.

Robert Don Gifford, Assistant United States Attorney, Reno, NV, for the plaintiff-appellee.

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

FISHER, Circuit Judge:

Robert Dean Ellsworth was convicted of robbery and first degree murder and sentenced to life imprisonment with the possibility of parole by a Nevada state court in 1988. He was paroled after serving 16 years. One year and one day after his release, he was arrested while in the possession of a loaded nine millimeter semiautomatic handgun. A subsequent search of his car and room uncovered additional ammunition and a shoulder holster for the weapon...

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