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UNITED STATES v. HOOTEN

No. 80-1340.

662 F.2d 628 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. James Lynn HOOTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 30, 1981.

Attorney(s) appearing for the Case

Charles Peter Diamond, O'Melveny & Myers, Los Angeles, Cal., for defendant-appellant.

John W. Spiegel, Asst. U. S. Atty., Los Angeles, Cal., argued, for plaintiff-appellee; Brad D. Brian, Asst. U. S. Atty., Los Angeles, Cal., on brief.

Before NELSON and NORRIS, Circuit Judges, and THOMPSON, District Judge.

GORDON THOMPSON, Jr., District Judge.

James Lynn Hooton appeals from his conviction of a single count of engaging in the business of dealing in firearms without a federal license in violation of 18 U.S.C. § 922(a)(1). Hooton was initially tried in January, 1980. The jury was unable to reach a unanimous verdict, and the judge declared a mistrial. Hooton was retried in March, 1980. The jury returned a verdict of guilty, and the court sentenced Hooton to a period...

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