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U.S. v. TOOLEY

Criminal Action No. 3:09-00194.

717 F.Supp.2d 580 (2010)

UNITED STATES of America v. Carl Evan TOOLEY II.

United States District Court, S.D. West Virginia, Huntington Division.

Opinion Denying Reconsideration July 16, 2010.

Attorney(s) appearing for the Case

Lisa G. Johnston, U.S. Attorney's Office, Huntington, WV, for Plaintiff.

Lex A. Coleman, Federal Public Defender's Office, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Pending is the defendant's Motion to Dismiss (Doc. 20). For the reasons explained below, the motion is DENIED.

Background

In December 2008, the defendant's girlfriend, Adrianne Beasley, purchased a 12-gauge, pump-action shotgun to give him as a Christmas gift. In affidavit, Ms. Beasley explains that she and the defendant, Mr. Tooley, had previously spoken about...

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