Court Erred in Dismissing 922(g) Indictment

U.S. v. Todd, -- F.3d --, 2006 WL 1135346 (10th Cir. 5/1/06) - an appellate victory for the gov't, reversing district court's dismissal of indictment due to insufficient corroboration of defendant's admission to gun possession. The allegations in the indictment, if proved, were sufficient to establish a violation of § 922(g)(2) and were legally sufficient. The district court erred in dismissing the indictment because of insufficient factual support for the charge; there was no indication as a matter of law that Mr. Todd could not have committed the crime. The district court had no jurisdiction to sentence Mr. Todd on the counts of conviction after the government filed a notice of appeal.