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U.S. v. RICKS

No. 07-5127.

573 F.3d 198 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. James Richard RICKS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 20, 2009.

Attorney(s) appearing for the Case

ARGUED: Ross Hall Richardson, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Adam Christopher Morris, Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Claire J. Rauscher, Executive Director, Kevin Tate, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.

Reversed by published opinion. Judge GREGORY wrote the opinion, in which Judge DUNCAN and Senior Judge KISER joined.

OPINION

GREGORY, Circuit Judge:

James Richard Ricks was convicted in the United States District Court for the Western District of North Carolina for violating 18 U.S.C. § 922(g)(1) (2006), possession of a firearm by a convicted felon, and was sentenced to 180 months' imprisonment. At trial, the district court denied Ricks a jury instruction on a justification defense because the court did not believe the defense was available in this Circuit. Recognizing...

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