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U.S. v. McILWAIN

No. 14-10735.

772 F.3d 688 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Adam McILWAIN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 25, 2014.

Attorney(s) appearing for the Case

Adam W. Overstreet , Kenyen Ray Brown , Vicki M. Davis , Michele Carstens O'Brien , U.S. Attorney's Office, Mobile, AL, for Plaintiff-Appellee.

Peter J. Madden , Kristen Gartman Rogers , Carlos Alfredo Williams , Federal Defender's Office, Mobile, AL, for Defendant-Appellant.

Before HULL, MARCUS, and DUBINA, Circuit Judges.

HULL, Circuit Judge:

On November 7, 2012, and after an evidentiary hearing, the Probate Court of Choctaw County, Alabama, ordered Joseph Adam McIlwain committed to the custody of the Alabama State Department of Mental Health. On April 25, 2013, a federal grand jury indicted McIlwain for possession of a firearm by a prohibited person under 18 U.S.C. § 922(g). Section 922(g)(4) criminalizes the possession of a firearm by any person "who has been committed to a...

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