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UNITED STATES v. STOBER

No. 77-1854.

604 F.2d 1274 (1979)

UNITED STATES of America, Appellee, v. Johnny Edward STOBER, Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 3, 1979.

Attorney(s) appearing for the Case

Frank R. Courbois III, Oklahoma City, Okl. (David N. O'Brien, Oklahoma City, Okl., with him on brief), for appellant.

Joseph S. Davies, Jr., Atty., Dept. of Justice, Washington, D.C. (Larry D. Patton, U.S. Atty., Susie Pritchett, Asst. U.S. Atty., Oklahoma City, Okl., Paul J. Brysh and David B. Smith, Attys., Dept. of Justice, Washington, D.C., on brief), for appellee.

Before SETH, Chief Judge, and HOLLOWAY, McWILLIAMS, BARRETT, DOYLE, McKAY and LOGAN, Circuit Judges.

SETH, Chief Judge.

Opinion on Rehearing En Banc

The defendant was indicted for a violation of 18 U.S.C. § 922(h) and § 924(a) for receiving firearms shipped in interstate commerce after he had been convicted of a felony. Defendant was tried without a jury, found guilty, and given a suspended sentence. He took this appeal.

The basic issue on appeal is whether the defendant had been previously convicted as the Federal Act under which...

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