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United States v. Seay

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Submitted: May 13, 2010

Before BYE, MELLOY, and SHEPHERD, Circuit Judges.

Andrew Seay was indicted and pled guilty to possession of a firearm while being an unlawful user of, or addicted to, a controlled substance, in violation of 18 U.S.C. §§ 922(g)(3) and 924(a)(2), and was sentenced by the district court*fn1 to nine months imprisonment. Seay filed this timely appeal, arguing that the government unnecessarily delayed his indictment and that his conviction is unconstitutional under the Second Amendment. The government moved to dismiss Seay’s appeal on the grounds that Seay waived his appeal rights by pleading guilty. We grant the government’s motion in part, deny it in part, and affirm Seay’s conviction.

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