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NEWMAN v. UNITED STATES

No. 21814.

410 F.2d 259 (1969)

Chester R. NEWMAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 10, 1969.

Petition for Rehearing Denied April 11, 1969.

Attorney(s) appearing for the Case

Mr. William J. Garber, Washington, D. C., for appellant.

Mr. Carl S. Rauh, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and David C. Woll, Asst. U. S. Attys., were on the brief, for appellee.

Messrs. William G. Reynolds, Jr. and Lawrence E. Shinnick, Asst. U. S. Attys., also entered appearances for appellee.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and BURGER, Circuit Judge.

PER CURIAM:

The appellant contends that his conviction for carrying a pistol without a license, 22 D.C.Code § 3204 (1967), violates the constitutional prohibition against double jeopardy because of a former prosecution arising out of the same transaction for unlawful possession of a pistol after a previous weapons offense conviction, 22 D.C.Code § 3203(4) (1967). The former prosecution, in which the appellant waived his right to a jury trial, terminated...

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