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Criminal Law: Possession of Firearm-Certificate of Innocence-Abuse of Discretion

Staff Report//January 3, 2020//

Criminal Law: Possession of Firearm-Certificate of Innocence-Abuse of Discretion

Staff Report//January 3, 2020//

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Defendant appealed from the denial of his petition for a certificate of innocence after he was charged with possession of a firearm.

Where the record supported finding that defendant in possession a firearm and that his possession constituted additional offenses under federal and state law and that defendant’s possession was the result of his own conduct, the district court properly denied a certificate of innocence.

Judgment is affirmed.

U.S. v. Winters (MLW No. 74367/Case No. 19-1648 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Missouri, Wimes, J.

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