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U.S. v. BUTLER

No. 10-10148.

637 F.3d 519 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Skilar Whittney BUTLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 21, 2011.

Attorney(s) appearing for the Case

James Wesley Hendrix (argued), Asst. U.S. Atty., Dallas, TX, Nancy E. Larson , Asst. U.S. Atty., Fort Worth, TX, for U.S.

Kevin Joel Page (argued), Fed. Pub. Def., Dallas, TX, Bonita L. Gunden , Asst. Fed. Pub. Def., Amarillo, TX, for Butler.

Before DAVIS, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM:

Defendant-Appellant Skilar Whittney Butler ("Butler") appeals his guilty plea conviction of being a dishonorable dischargee in possession of firearms. We determine that the Government was not required to prove, as an element of 18 U.S.C. § 922(g), that Butler knew he had been dishonorably discharged from the Air Force at the time of the offense. We also hold that Butler's discharge was effective when his DD-214 was ready for delivery. We affirm.<...

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