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U.S. v. TAFOYA

No. 08-2113.

557 F.3d 1121 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Alfred R. TAFOYA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 24, 2009.

Attorney(s) appearing for the Case

David Williams, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Scott Davidson, Albuquerque, NM, for Defendant-Appellant.

Before KELLY, HOLLOWAY, and BRISCOE, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

In early 2008, Defendant Alfred R. Tafoya was on trial for one count of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). See 1 R. Docs. 2, 54. During direct examination of its third witness, the government elicited testimony that was beyond the scope permitted by the district judge. See 1 R. Doc. 124. Mr. Tafoya immediately moved for a mistrial, which was granted...

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