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U.S. v. ELKINS

Case No. 2:10CR00017.

780 F.Supp.2d 473 (2011)

UNITED STATES of America v. Jimmy Scott ELKINS, Defendant.

United States District Court, W.D. Virginia, Big Stone Gap Division.

May 2, 2011.

Attorney(s) appearing for the Case

Zachary T. Lee, Assistant United States Attorney, Abingdon, VA, for United States.

Nancy Dickenson, Assistant Federal Public Defender, and Thomas M. Gray, III, Graduate Fellow, Office of the Federal Public Defender, Abingdon, VA, for Defendant.

OPINION AND ORDER

JAMES P. JONES, District Judge.

In this criminal case, the defendant has moved to dismiss the Indictment on the grounds that the prosecution against him violates the Second Amendment. For the reasons that follow, I will deny the defendant's motion.

I

The defendant, Jimmy Scott Elkins, is charged in a one-count Indictment with possessing firearms while subject to a domestic protective order, in violation of 18 U.S.C.A....

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