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UNITED STATES v. WOLFENBARGER

No. 81-2235.

696 F.2d 750 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. John Q. WOLFENBARGER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 25, 1983.

Attorney(s) appearing for the Case

Warren H. Crane, Lawton, Okl., for defendant-appellant.

Frank Michael Ringer, Asst. U.S. Atty., Oklahoma City, Okl. (John E. Green, Acting U.S. Atty., and Susie Pritchett, Asst. U.S. Atty., Oklahoma City, Okl., on the brief), for plaintiff-appellee.

Before DOYLE and McKAY, Circuit Judges, and TEMPLAR, District Judge.

McKAY, Circuit Judge.

John Wolfenbarger was convicted of receiving a shotgun in violation of 18 U.S.C. § 922(h)(1) (1976) and of two counts of possessing a pistol in violation of 18 U.S.C.App. § 1202(a)(1) (1976). Section 922(h)(1) prohibits anyone who has been convicted of a crime punishable by more than a year's imprisonment from receiving a firearm that has been transported in interstate commerce. Section 1202(a)(1) prohibits any such person from possessing...

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