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092778P.pdf   09/08/2010  United States  v.  Andrew Xavier Seay
   U.S. Court of Appeals Case No:  09-2778
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED][Shepherd, Author, with Bye and Melloy, Circuit Judges]
   Criminal case - criminal law. Defendant's Second Amendment
   challenge to his prosecution is jurisdictional and survives the appeal
   waiver in his guilty plea; 18 U.S.C. Sec. 922(g)(3)'s ban on firearm
   possession is not facially unconstitutional in light of the Supreme Court's
   decision in Heller.