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DEES v. UNITED STATES

No. 85-7604 Non-Argument Calendar.

789 F.2d 1521 (1986)

Vernon DEES, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 23, 1986.

Attorney(s) appearing for the Case

Cheryl L.P. Crisona, Asst. U.S. Atty., Mobile, Ala., for respondent-appellee.

Before GODBOLD, Chief Judge, HILL and ANDERSON, Circuit Judges.

PER CURIAM:

This is an appeal from the denial of a 28 U.S.C. § 2255 motion.

Dees contends that his indictment for possession of a firearm by a felon under 18 U.S.C. §§ 922(h)(1) and 924(a) violated his right to Fifth Amendment due process because it mentioned the prior offense that was the predicate for these violations. This is frivolous, since the prior conviction is an element of the offense charged and must be revealed to fairly inform the...

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