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UNITED STATES v. AGARD

No. 828, Docket 78-1385.

605 F.2d 665 (1979)

UNITED STATES of America, Appellee, v. Henry AGARD, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 17, 1979.

Attorney(s) appearing for the Case

Steven Lloyd Barrett, New York City (The Legal Aid Society, of counsel), for defendant-appellant.

Judith Pierce, Asst. U. S. Atty., Eastern District of New York Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., Mary McGowan Davis, Asst. U. S. Atty., Eastern District of New York, Brooklyn, N. Y., of counsel), for the United States of America.

Before OAKES and GURFEIN, Circuit Judges, and PIERCE, District Judge.

PIERCE, District Judge:

Henry Agard, the appellant, was charged in the United States District Court for the Eastern District of New York, with, inter alia, having had unlawful possession of firearms, though he had been convicted of a felony, on two occasions in violation of 18 U.S.C. § 1202(a)(1) (Appendix 1976).1 The first trial ended in the declaration of a mistrial by Judge Costantino when the jury was unable to agree upon...

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