Legal Opinion

United States v. Pope

Court of Appeals for the Tenth Circuit

Decided July 23, 2010No. 09-4150PublishedCited by 24 opinions

1Opinion of the Court

GORSUCH, Circuit Judge.

This case began when a grand jury indicted Mark Pope for violating 18 U.S.C. § 922(g)(9). That statute makes it a federal felony for a person previously convict ed of a misdemeanor crime of domestic violence to possess a gun. In response to the indictment, Mr. Pope filed a motion to dismiss. While he admitted to being previously convicted of a domestic violence crime, and to possessing a gun, Mr. Pope pressed an affirmative defense that, he said, precluded his conviction. Because he possessed the gun in question only on the property where he was living and only to…

2Cases cited24 opinions

  1. District of Columbia v. HellerSupreme Court of the United States · 2008
  2. McDonald v. City of ChicagoSupreme Court of the United States · 2010
  3. Serfass v. United StatesSupreme Court of the United States · 1975
  4. United States v. MandujanoSupreme Court of the United States · 1976
  5. United States v. SampsonSupreme Court of the United States · 1962

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3Cited by24 opinions

  1. United States v. GriffithCourt of Appeals for the Tenth Circuit · 2019
  2. State v. Morgan C. AlleyIdaho Court of Appeals · 2014
  3. United States v. Kyle TurnerCourt of Appeals for the Eighth Circuit · 2016
  4. United States v. SampsonCourt of Appeals for the Second Circuit · 2018
  5. United States v. Keshon BaxterCourt of Appeals for the Eighth Circuit · 2025

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