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UNITED STATES v. BUSTAMANTE

No. 82-1373.

706 F.2d 13 (1983)

UNITED STATES of America, Appellant, v. Oscar D. BUSTAMANTE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 25, 1983.

Attorney(s) appearing for the Case

Robert D. Krause, Asst. U.S. Atty., Providence, R.I., with whom Lincoln C. Almond, U.S. Atty., and James E. O'Neil, Asst. U.S. Atty., Providence, R.I., were on brief, for appellant.

John H. Ruginski, Jr., Providence, R.I., for defendant, appellee.

Before CAMPBELL, BOWNES and BREYER, Circuit Judges.

BREYER, Circuit Judge.

The federal government appeals the dismissal of an indictment brought against Oscar Bustamante in Providence, Rhode Island. Bustamante was charged with violating 18 U.S.C. § 922(h)(1), which makes it unlawful for any person

who is under indictment for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year . . . to receive any firearm or ammunition which has been shipped or transported...

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