U.S. v. DAVIS

No. 10-3637.

668 F.3d 576 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Harlan M. DAVIS, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 10, 2012.


Attorney(s) appearing for the Case

Robert G. Kuchar , Asst. Fed. Public Defender, Kansas City, MO ( Raymond C. Conrad, Jr. , Fed. Public Defender, on the brief), for appellant.

Bruce E. Clark , Asst. U.S. Atty., Kansas City, MO ( Beth Phillips , U.S. Atty., on the brief), for appellee.

Before RILEY, Chief Judge, LOKEN and BENTON, Circuit Judges.


LOKEN, Circuit Judge.

Approached by Kansas City police officers investigating a disturbance, Harlan M. Davis threw an extended-length magazine to the ground, fled to a nearby residence, threw a handgun to the ground, and escaped out a back door. The pursuing officers arrested Davis and recovered the magazine and firearm. When thrown down, the magazine was loaded with twenty-one rounds of 9-millimeter ammunition. The 9-millimeter pistol was inoperable because it had...

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