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U.S. v. HOWELL

No. 07-2446.

531 F.3d 621 (2008)

UNITED STATES of America, Appellee, v. William Thomas HOWELL, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 7, 2008.

Attorney(s) appearing for the Case

Ian A. Lewis, Asst. Fed. Public Defender, Springfield, MO, argued (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO, on the brief), for appellant.

Robyn L. McKee, Asst. U.S. Atty., Springfield, MO, argued (John F. Wood, U.S. Atty., Kansas City, MO, Rose A. Barber, Asst. U.S. Atty., Springfield, MO, on the brief), for appellee.

Before BYE, RILEY, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

William Thomas Howell was indicted under 18 U.S.C. §§ 922(g)(9) and 924(a)(2) for possession of a firearm after having been convicted of a misdemeanor crime of domestic violence. The predicate conviction was for misdemeanor assault in the third degree under section 565.070 of the Missouri statutes. Howell moved to dismiss the indictment, arguing the predicate conviction did not contain the necessary elements of 18 U.S.C. § 921...

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