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UNITED STATES v. DOTSON

No. 76-4005.

555 F.2d 134 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. George Harvey DOTSON, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 1, 1977.

Attorney(s) appearing for the Case

John L. Briggs, U. S. Atty., Jacksonville, Fla., Mark L. Horwitz, Asst. U. S. Atty., Orlando, Fla., for plaintiff-appellant.

Marc L. Lubet, Orlando, Fla. (Court-appointed, for defendant-appellee.

Before WISDOM, SIMPSON and TJOFLAT, Circuit Judges.

PER CURIAM:

This appeal is from the district court's order dismissing the indictment for alleged violations of 18 U.S.C. § 922(a)(6), and § 922(h) on the ground that the defendant-appellee Dotson had not been previously convicted of a crime punishable by imprisonment for a term exceeding one year. On the basis of the district court's order, see Appendix A hereto, and the United States Supreme Court decision in Lott v. United States,

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