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UNITED STATES v. FITZGERALD

No. 82-1242.

724 F.2d 633 (1983)

UNITED STATES of America, Appellee, v. Janice FITZGERALD, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 7, 1983.

Certiorari Denied April 23, 1984.

Attorney(s) appearing for the Case

Alan P. Caplan, Cleveland, Ohio, for appellant.

Ronald D. Lahners, U.S. Atty., D. Nebraska, Omaha, Neb., Robert J. Erickson, Attorney, Dept. of Justice, Washington, D.C., David A. Kubichek, Asst. U.S. Atty., Omaha, Neb., for appellee.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, and BOWMAN, Circuit Judges.

Certiorari Denied April 23, 1984. See 104 S.Ct. 2151.

BRIGHT, Circuit Judge.

A jury convicted Janice Fitzgerald and three codefendants of violating 18 U.S.C. App. § 1202(a)(1) (possession by a convicted felon of a firearm in interstate commerce).1 A three-judge panel of this court affirmed the convictions of the three codefendants, but on a divided vote reversed Fitzgerald's. United...

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