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UNITED STATES v. NUCCIO

No. 73-2416. Summary Calendar.

487 F.2d 462 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Salvadore J. NUCCIO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 16, 1974.

Attorney(s) appearing for the Case

Michael F. Barry, New Orleans, La., for defendant-appellant.

Gerald J. Gallinghouse, U. S. Atty., Mary Williams Cazalas, Stephen A. Mayo, Asst. U. S. Attys., New Orleans, La., for plaintiff-appellee.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 16, 1974.

PER CURIAM:

Appellant Nuccio was convicted by a jury in the Eastern District of Louisiana of having violated 18 U.S.C. § 1202(a)(1). We affirm.

Appellant's only substantial claim on appeal is that 18 U.S.C. § 1202(a)(1) was not proven by the government to be applicable in his case. That statute says, in part: "Any person who has been convicted by a court of the United States or of a...

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