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UNITED STATES v. LEWIS

No. 78-5073.

591 F.2d 978 (1979)

UNITED STATES of America, Appellee, v. George Calvin LEWIS, Jr., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 24, 1979.

Attorney(s) appearing for the Case

Andrew W. Wood, Richmond, Va. (J. Hatcher Johnson, Jr., White & Wood, P. C., Richmond, Va., on brief), for appellant.

N. George Metcalf, Asst. U. S. Atty., Richmond, Va. (William B. Cummings, U. S. Atty., Alexandria, Va., G. Wingate Grant, Student Asst. to the U. S. Atty., on brief), for appellee.

Before WINTER, Circuit Judge, COWEN, Senior Judge, and RUSSELL, Circuit Judge.

DONALD RUSSELL, Circuit Judge:

This appeal presents for decision whether a defendant, charged as a convicted felon with the possession of a firearm in violation of § 1202(a)(1), 18 U.S.C. App., may defend by claiming for the first time that his felony conviction was constitutionally invalid. The facts giving rise to this question in this case are not in dispute. The defendant does not deny on this appeal the receipt and possession of a firearm. Neither does he...

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