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UNITED STATES v. WHEELER

No. 80-1390.

641 F.2d 1321 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. Michael Patrick WHEELER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 9, 1981.

Rehearing and Rehearing Denied July 8, 1981.

Attorney(s) appearing for the Case

George D. Hardy, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellant.

George C. Boisseau, Chula Vista, Cal., argued for defendant-appellee; Jan Ronis, Chula Vista, Cal., on brief.

Before CHOY and NELSON, Circuit Judges, and HANSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied July 8, 1981.

HANSON, Senior District Judge:

The defendant-appellee, Michael Patrick Wheeler, is under indictment for five counts of violation of 18 U.S.C. § 922(h) (possession by a convicted felon of firearms shipped or transported in interstate commerce), and one count of violation of 21 U.S.C. § 841(a)(1) (possession of a controlled substance with intent to distribute). The physical evidence against Wheeler...

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