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U.S. v. MOORE

No. 10-4474.

666 F.3d 313 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. George Lamont MOORE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 25, 2012.

Attorney(s) appearing for the Case

ARGUED: Matthew Segal , Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Amy Elizabeth Ray , Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Claire J. Rauscher , Executive Director, Peter S. Adolf , Assistant Federal Defender, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Anne M. Tompkins , United States Attorney, Charlotte, North Carolina, for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Judge AGEE wrote the opinion, in which Chief Judge TRAXLER and Judge MOTZ joined.

OPINION

AGEE, Circuit Judge:

Police officers searched convicted felon George Lamont Moore incident to an arrest and found a nine-millimeter handgun. After being indicted as a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), Moore moved to dismiss on the grounds that the statute violated his Second Amendment rights. The district court denied the motion and Moore entered a conditional guilty plea reserving the right to raise the...

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