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UNITED STATES v. SMITH

No. 77-1402.

571 F.2d 370 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Vance SMITH, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 22, 1978.

Rehearing and Rehearing Denied April 14, 1978.

Attorney(s) appearing for the Case

Edward M. Genson, Jeffrey B. Steinback, Chicago, Ill., for defendant-appellant.

Thomas P. Sullivan, U.S. Atty., James A. McGurk, Asst. U.S. Atty., Chicago, Ill., for plaintiff-appellee.

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

Rehearing and Rehearing En Banc Denied April 14, 1978.

PER CURIAM.

In November 1972, a jury found defendant guilty of firearm offenses under 18 U.S.C. §§ 922(a)(6) and 924(a). He received a three-year sentence under Count 1 and was placed on probation for five years on Count 2, the sentence on Count 2 to run consecutively to the three-year prison term. However, on January 22, 1974, the district judge suspended the execution of the remainder of the...

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