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U.S. v. RICHARD

Nos. 06-10377, 06-10380.

504 F.3d 1109 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Jacquan Lee RICHARD, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Jacquan Lee Richard, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 12, 2007.

Attorney(s) appearing for the Case

Robert L. Ellman (argued) and Brian J. Quarles, Assistant United States Attorneys, United States Attorney, for the District of Nevada, Las Vegas, Nevada, for the plaintiff-appellant (No. 06-10377), plaintiff-appellee (No. 06-10380).

Anne R. Traum, Assistant Federal Public Defender, Federal Public Defender, Las Vegas, Nevada, for the defendant-appellee (06-10377), defendant-appellant (No. 06-10380).

Before: DIARMUID F. O'SCANNLAIN, HAWKINS, and KIM McLANE WARDLAW, Circuit Judges.

Opinion by Judge HAWKINS; Dissent by Judge O'SCANNLAIN.

HAWKINS, Circuit Judge:

Jacquan Richard ("Richard") appeals his jury conviction for being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and—because we conclude the district court abused its discretion by permitting the jury to rehear only a portion of a key witness's testimony without taking necessary precautions to ensure...

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