Opinion
No. 13-10434
09-18-2014
UNITED STATES OF AMERICA, Plaintiff - Appellant, v. TORRIO SANDERS, Defendant - Appellee.
NOT FOR PUBLICATION
D.C. No. 4:12-cr-00042-CW-1 MEMORANDUM 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.
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.
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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 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.