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UNITED STATES v. WILMOTH

No. 80-3355 Summary Calendar.

636 F.2d 123 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. James W. WILMOTH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

February 6, 1981.

Attorney(s) appearing for the Case

Percy Stanfield, Jr., David E. Holderfield, Jackson, Miss., for defendant-appellant.

George Phillips, U.S. Atty., Daniel E. Lynn, Asst. U.S. Atty., Jackson, Miss., for plaintiff-appellee.

Before AINSWORTH, GARZA and SAM D. JOHNSON, Circuit Judges.

AINSWORTH, Circuit Judge:

Appellant James W. Wilmoth appeals a two-count conviction, after a jury trial, for unlawfully dealing in firearms in violation of 18 U.S.C. §§ 922(a)(1) and 924(a). On appeal Wilmoth contests the district court's denial of his motion for judgment of acquittal notwithstanding the verdict or, in the alternative, his motion for a new trial on the basis that the evidence showed he made only...

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