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U.S. v. BYNUM

Nos. 11-1156, 11-1287.

669 F.3d 880 (2012)

UNITED STATES of America, Appellee/Cross-Appellant, v. Lyons Lonnie BYNUM, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 28, 2012.

Attorney(s) appearing for the Case

Bruce Nestor , argued, Minneapolis, MN, for appellant/cross-appellee.

Lisa D. Kirkpatrick , AUSA, argued, St. Paul, MN, for appellee/cross-appellant.

Before MELLOY, BEAM, and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

After a jury trial, Lyons Lonnie Bynum was convicted of unlawful possession of a firearm by a previously convicted felon, see 18 U.S.C. § 922(g)(1), and sentenced to 120 months' imprisonment. Bynum appeals his conviction, and the Government cross-appeals the sentence. We affirm the conviction, vacate the sentence, and remand for resentencing.

I. BACKGROUND

The evidence at trial was as follows. Bynum telephoned...

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