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UNITED STATES v. MILLER

No. 80-1078.

650 F.2d 169 (1980)

UNITED STATES of America, Appellee, v. James Elwood MILLER, Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 1, 1980.

Rehearing and Rehearing Denied March 30, 1981.

Attorney(s) appearing for the Case

Mark L. Collins, Tucson, Ariz., for appellant.

Eugene R. Bracamonte, Asst. U.S. Atty., Tucson, Ariz., for appellee.

Before GOODWIN, FLETCHER and CANBY, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 30, 1981.

GOODWIN, Circuit Judge.

James Elwood Miller appeals a forty-year sentence imposed by the district court following his conviction on sixteen counts of violation of 18 U.S.C. §§ 922 and 924 (illegal dealing with firearms). The issue is whether Miller's ten purchases of guns from different gun shops constitute separate transactions for sentencing purposes.1

Miller...

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