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United States v. Torrio Sanders

Court of Appeals for the Ninth Circuit · 13-10434 · 2014-09-18 · Unpublished

UNITED STATES of America, Plaintiff-Appellant, v. Torrio SANDERS, Defendant-Appellee

Area
other
Panel
Mary M. Schroeder (author), Fletcher, Gonzalo P. Curiel

Analysis

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Opinion

FILED NOT FOR PUBLICATION SEP 18 2014

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 13-10434 Plaintiff - Appellant, D.C. No. 4:12-cr-00042-CW-1 v. MEMORANDUM* TORRIO SANDERS, Defendant - Appellee.

Appeal from the United States District Court for the Northern District of California Claudia Wilken, Chief District Judge, Presiding Argued and Submitted September 12, 2014 San Francisco, California Before: SCHROEDER and W. FLETCHER, Circuit Judges, and CURIEL, District Judge.** The government appeals from the dismissal of an indictment charging Appellee Torrio Sanders as a felon in possession of a firearm in violation of 18 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Gonzalo P. Curiel, United States District Judge for the Southern District of California, sitting by designation. U.S.C. § 922(g)(1). After an extended colloquy with counsel that traced the history of the matter, the district court found there had been a constitutional violation. Under the appropriate legal standard, the court made the requisite findings. There was no clear error.

The appellee’s motion to expand record and/or request for judicial notice is denied as moot.

AFFIRMED.