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UNITED STATES v. VICE

No. 77-5283. Summary Calendar.

562 F.2d 1004 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Coda Lloyd VICE, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 22, 1977.

Attorney(s) appearing for the Case

Boyce Holleman, Ben Galloway, Gulfport, Miss., for defendant-appellant.

Robert E. Hauberg, U. S. Atty., Daniel E. Lynn, Asst. U. S. Atty., Jackson, Miss., for plaintiff-appellee.

Before THORNBERRY, CLARK and HILL, Circuit Judges.

PER CURIAM:

Defendant was convicted on a plea of nolo contendere for knowingly making a false statement in the acquisition of a firearm, in contravention of 18 U.S.C.A. § 922(a)(6) (1976). When he bought the firearm in 1975, defendant stated that he had never been convicted by any court of a crime punishable by a prison term exceeding one year when in actuality he had been convicted of such a crime by a state court on May 6, 1966. After indictment but before...

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