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UNITED STATES v. HERRELL

No. 78-1511.

588 F.2d 711 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip Clark HERRELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied December 8 and 26, 1978.

Attorney(s) appearing for the Case

Michael Tryon (argued), Phoenix, Ariz., for defendant-appellant.

Joel D. Sacks, Asst. U. S. Atty. (argued), Phoenix, Ariz., for plaintiff-appellee.

Before CHOY and SNEED, Circuit Judges, and WILLIAMS, District Judge.

Rehearing and Rehearing En Banc Denied December 8 and 26, 1978.

CHOY, Circuit Judge:

Appellant Phillip Herrell appeals his conviction by a jury for possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(h). We affirm.

I

In 1973, Herrell pleaded guilty in an Arizona court to a charge of grand theft. He was placed on probation for three years. On March 4, 1977, the judgment against Herrell was vacated, the grand theft...

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