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U.S. v. PRUESS

No. 11-5127.

703 F.3d 242 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory Roland PRUESS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 31, 2012.

Attorney(s) appearing for the Case

ARGUED: Ann Loraine Hester, Federal Defenders of Western North Carolina, Inc., Charlotte, NC, for Appellant. Amy Elizabeth Ray, Office of the United States Attorney, Asheville, NC, for Appellee. ON BRIEF: Henderson Hill, Executive Director, Peter S. Adolf, Assistant Federal Defender, Federal Defenders of Western North Carolina, Inc., Charlotte, NC, for Appellant. Anne M. Tompkins, United States Attorney, Charlotte, NC, for Appellee.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge DUNCAN and Judge WYNN joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Gregory Roland Pruess, a convicted felon, pled guilty to possession of ammunition in violation of 18 U.S.C. § 922(g)(1) (2006). In doing so, he reserved the right to challenge the conviction as a violation of his rights under the Second and Fifth Amendments. Pruess contends that application of the felon-in-possession prohibition to him, an assertedly non-violent felon, violates the Constitution. For the reasons...

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