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U.S. v. BATES

No. 08-1589.

561 F.3d 754 (2009)

UNITED STATES of America, Appellee, v. Rickey BATES, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 3, 2009.

Attorney(s) appearing for the Case

Kevin L. Schriener, argued, St. Louis, MO, Eric C. Bohnet, Indianapolis IN, on the brief, for appellant.

Dean John Saucer, AUSA, argued, Richard L. Phoeling, AUSA, on the brief, St. Louis, MO, for appellee.

Before MELLOY and BENTON, Circuit Judges, and DOTY, District Judge.

MELLOY, Circuit Judge.

A jury convicted Rickey Bates of being a felon in unlawful possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). The district court sentenced Bates to 110 months' imprisonment. Bates appeals his sentence. We affirm in part, reverse in part, and remand for further proceedings.

I.

At approximately 12:30 a.m. on December 8, 2006, law enforcement officers observed a stolen vehicle with two occupants driving on a...

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