U.S. v. KILGORE

No. 09-1277.

591 F.3d 890 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Marcus KILGORE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 8, 2010.


Attorney(s) appearing for the Case

Rita M. Rumbelow, Attorney (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

Ronald G. Benavides, Attorney (argued), Madison, WI, for Defendant-Appellant.

Before CUDAHY, WOOD, and SYKES, Circuit Judges.


CUDAHY, Circuit Judge.

In 2008, Marcus Kilgore pleaded guilty to a one-count indictment of unlawfully possessing a firearm and ammunition as a convicted felon. See 18 U.S.C. § 922(g)(1). Before the presentence investigation report was filed, Kilgore moved to withdraw his guilty plea, claiming that his possession of the loaded firearm was legally justified. The district court denied his motion and subsequently...

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