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U.S. v. CASTLEMAN

No. 10-5912.

695 F.3d 582 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. James Alvin CASTLEMAN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

September 19, 2012.

Attorney(s) appearing for the Case

ON BRIEF: Daniel T. French , United States Attorney's Office, Memphis, Tennessee, for Appellant. Steven L. West , West & West, Attorneys, Huntingdon, Tennessee, for Appellee.

CLAY, J., delivered the opinion of the court, in which MOORE, J., joined. MOORE, J. (pp. 592-93), delivered a separate concurring opinion. McKEAGUE, J. (pp. 593-97), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

The government appeals orders granting Defendant James Castleman's motion to dismiss two counts of his indictment, which charged Castleman with possession of a firearm after conviction for a misdemeanor crime of domestic violence in violation of 18 U.S.C. § 922(g)(9), and denying the government's motion for reconsideration. Because the district court correctly interpreted § 922(g)(9), we AFFIRM the district...

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