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UNITED STATES v. MORGAN

No. 78-2296.

595 F.2d 1134 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Robert A. MORGAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 18, 1979.

Attorney(s) appearing for the Case

Howard A. Allen, Asst. U.S. Atty. (on the brief), Michael H. Walsh, U.S. Atty., Howard A. Allen, Asst. U. S. Atty. (argued), San Diego, Cal., for defendant-appellant.

Robert L. Grimes (argued), San Diego, Cal., for plaintiff-appellee.

Before CARTER and HUFSTEDLER, Circuit Judges, and WILLIAM H. ORRICK, District Judge.

JAMES M. CARTER, Circuit Judge:

Morgan pleaded guilty to one count of a six-count indictment which grew out of his having possessed and attempted to sell a rifle in violation of certain provisions of 26 U.S.C. § 5861. A presentence report was prepared which included, among other things, (1) mention of a prior charge of possession of LSD that resulted in an acquittal, (2) reference to statements made by Morgan during two separate arrests for being drunk in public...

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