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UNITED STATES v. GERMAINE

No. 83-1979.

720 F.2d 998 (1983)

UNITED STATES of America, Appellee, v. Barton Thomas GERMAINE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 17, 1983.

Attorney(s) appearing for the Case

C. Nicholas Vogel, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, N.D., for appellant.

Gary Annear, First Asst. U.S. Atty., Norman Anderson, Asst. U.S. Atty., Fargo, N.D., for appellee.

Before HENLEY, Senior Circuit Judge, and JOHN R. GIBSON and FAGG, Circuit Judges.

PER CURIAM.

Barton Thomas Germaine was convicted of two counts of violating 18 U.S.C. § 922(h). Section 922(h) makes it unlawful for a person previously convicted of a crime punishable by imprisonment for a term exceeding one year to receive firearms shipped in interstate commerce. Germaine maintains on appeal, as he did before the district court, that a finding of guilt under section 922(h) was improper because a Nebraska court previously nullified the conviction...

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