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U.S. v. REESE

No. 10-2030.

627 F.3d 792 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. James Oliver REESE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 10, 2010.

Attorney(s) appearing for the Case

Elizabeth D. Collery, Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C., (Lanny A. Breuer, Assistant Attorney General; Greg D. Andres, Acting Deputy Assistant Attorney General; Kenneth J. Gonzales, United States Attorney, District of New Mexico; Louis E. Valencia, Assistant United States Attorney, District of New Mexico, with her on the briefs), for Plaintiff-Appellant.

Jason Bowles of Bowles and Crow, (B.J. Crow of Bowles and Crow; William Marchiondo of Marchiondo Law Office, with him on the brief), Albuquerque, NM, for Defendant-Appellee.

Before BRISCOE, Chief Judge, HOLLOWAY, and MURPHY, Circuit Judges.

BRISCOE, Chief Judge.

This appeal presents a single issue, whether the district court erred in granting defendant James Reese's motion to dismiss an indictment which charged Reese with three counts of possessing firearms while subject to a domestic protection order, in violation of 18 U.S.C. § 922(g)(8). Reese successfully raised an as-applied challenge to the indictment on the grounds that § 922(g)(8) violated his Second Amendment right to keep and bear...

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