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UNITED STATES v. APKER

Nos. 82-1168, 82-1169, 82-1201 and 82-1242.

705 F.2d 293 (1983)

UNITED STATES of America, Appellee, v. Gary D. APKER, Appellant. UNITED STATES of America, Appellee, v. Calvin DAVENPORT, Appellant. UNITED STATES of America, Appellee, v. Raymond GEARHART a/k/a "Buzzard," Appellant. UNITED STATES of America, Appellee, v. Janice FITZGERALD, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 19, 1983.

Rehearing Granted August 8, 1983.

Rehearing and Rehearing Denied August 8, 1983.

Attorney(s) appearing for the Case

Ronald D. Lahners, U.S. Atty., D. Neb., Thomas D. Thalken, First Asst. U.S. Atty., D. Neb., David A. Kubichek, Asst. U.S. Atty., D. Neb., Omaha, Neb., for appellee.

James S. Jansen, David Herzog, Omaha, Neb., Alan Caplan, San Francisco, Cal., Jack S. Nordby, John R. Wylde, Minneapolis, Minn., for appellants.

Before BRIGHT, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

Rehearing Granted in No. 82-1242 August 8, 1983.

Rehearing and Rehearing En Banc Denied August 8, 1983.

FLOYD R. GIBSON, Senior Circuit Judge.

Gary Apker, Calvin Davenport, Raymond Gearhart, and Janice Fitzgerald each appeals a conviction under 18 U.S.C. app. § 1202(a)(1) (1976) for being a felon in possession of a firearm. They make two major arguments: (1) the searches which produced the firearms admitted against them were executed pursuant...

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