United States Eighth Circuit

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US v. Kelly, 09-3712

Defendant's conviction and sentence for being a felon in possession of a firearm are affirmed in part where, whether well-founded or not, defendant's doubts about an officer's credibility were not for the court to resolve. However, the judgment is reversed in part where the lack of ad hoc findings in this case violated the principle of individualized fact-finding mandated by Bender.

Appellate Information

  • Decided 11/22/2010
  • Published 11/22/2010


  • Kermit M. Bye


  • United States Eighth Circuit