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UNITED STATES v. WALKER

No. 73-1246.

489 F.2d 1353 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Terry Oliver WALKER, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 28, 1973.

Certiorari Denied March 18, 1974.

Attorney(s) appearing for the Case

David J. Muchow, Atty., U. S. Dept. of Justice, Washington, D. C., Donald B. Mackay, U. S. Atty., Springfield, Ill., for plaintiff-appellant.

Edward J. Cunningham, Springfield, Ill., for defendant-appellee.

Before STEVENS and SPRECHER, Circuit Judges, and CAMPBELL, Senior District Judge.

Certiorari Denied March 18, 1974. See 94 S.Ct. 1574.

STEVENS, Circuit Judge.

The district court dismissed an indictment charging that defendant, a convicted felon, had received a firearm "in commerce and affecting commerce," in violation of 18 U.S.C. App. § 1202(a).1 352 F.Supp. 113. The government's appeal raises two questions: (1) whether, since the dismissal was based on facts not set...

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