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U.S. v. SEAY

No. 09-2778.

620 F.3d 919 (2010)

UNITED STATES of America, Appellee, v. Andrew Xavier SEAY, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 8, 2010.

Attorney(s) appearing for the Case

Sam E. Khoroosi , argued, Sioux Falls, SD, for Appellant.

Connie Larson , AUSA, argued, Sioux Falls, SD, Robert J. Erickson , U.S. Dept. of Justice, Criminal Appellate Section, Washington, DC, on the brief, for Appellee.

Before BYE, MELLOY, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Andrew Seay was indicted and pled guilty to possession of a firearm while being an unlawful user of, or addicted to, a controlled substance, in violation of 18 U.S.C. §§ 922(g)(3) and 924(a)(2), and was sentenced by the district court1 to nine months imprisonment. Seay filed this timely appeal, arguing that the government unnecessarily delayed his indictment and that his conviction is unconstitutional...

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