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UNITED STATES v. McCRARY

No. 80-7049.

643 F.2d 323 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Ray McCRARY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B.

On Rehearing August 10, 1981.

Attorney(s) appearing for the Case

J. Stephen Salter, Birmingham, Ala., for defendant-appellant.

J. R. Brooks, U. S. Atty., R. J. McLean, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before HILL and FRANK M. JOHNSON, Jr., Circuit Judges, and SCOTT, District Judge.

CHARLES R. SCOTT, District Judge:

Appellant Billy Ray McCrary was charged in an 11-count indictment with federal firearms violations. Counts I and II charged violations of 18 U.S.C. § 922(h)(1), which makes it a crime for a convicted felon to receive any firearm that has moved in interstate commerce.1 Counts III through XI charged violations of 18 U.S.C.App. § 1202(a)(1), which makes it a crime for a convicted felon to receive...

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