U.S. v. REESE

No. 10-2030.

627 F.3d 792 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. James Oliver REESE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 10, 2010.


Attorney(s) appearing for the Case

Elizabeth D. Collery , Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C., ( Lanny A. Breuer , Assistant Attorney General; Greg D. Andres , Acting Deputy Assistant Attorney General; Kenneth J. Gonzales , United States Attorney, District of New Mexico; Louis E. Valencia , Assistant United States Attorney, District of New Mexico, with her on the briefs), for Plaintiff-Appellant.

Jason Bowles of Bowles and Crow, ( B.J. Crow of Bowles and Crow; William Marchiondo of Marchiondo Law Office, with him on the brief), Albuquerque, NM, for Defendant-Appellee.

Before BRISCOE, Chief Judge, HOLLOWAY, and MURPHY, Circuit Judges.


BRISCOE, Chief Judge.

This appeal presents a single issue, whether the district court erred in granting defendant James Reese's motion to dismiss an indictment which charged Reese with three counts of possessing firearms while subject to a domestic protection order, in violation of 18 U.S.C. § 922(g)(8). Reese successfully raised an as-applied challenge to the indictment on the grounds that § 922(g)(8) violated his Second Amendment right to keep and bear...

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