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UNITED STATES v. MULLINS

No. 81-5305.

698 F.2d 686 (1983)

UNITED STATES of America, Appellee, v. John Wyatt MULLINS, Jr., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 27, 1983.

Attorney(s) appearing for the Case

Harwell M. Darby, Jr., Roanoke, Va. (Eggleston, Glenn & Feldmann, Roanoke, Va., on brief), for appellant.

Thomas J. Bondurant, Asst. U.S. Atty., Roanoke, Va., Bonnie L. Paul, Third Year Law Student (John P. Alderman, U.S. Atty., Jean B. Weld, Asst. U.S. Atty., Roanoke, Va., on brief), for appellee.

Before HALL and ERVIN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

Mullins, a convicted felon, was convicted of possession of a Rossi .38 caliber revolver and of a second count of possession of an Eibar .38 caliber revolver, each in violation of 18 U.S.C.App. § 1202(a). Consecutive sentences of two years' imprisonment were imposed.

Each of the guns was seized during a search of a room occupied by Mullins as his bedroom. One of them was in a...

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