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UNITED STATES v. RICKUS

No. 83-1698.

737 F.2d 360 (1984)

UNITED STATES of America v. RICKUS, Robert F. UNITED STATES of America v. NAZAROK, Dennis M. Appeal of UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided June 18, 1984.

Attorney(s) appearing for the Case

Thomas H. Lee, II, Asst. U.S. Atty. (argued), Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief Appeals, Philadelphia, Pa., for appellant.

Lawrence J. Richette, Philadelphia, Pa., for Robert F. Rickus.

Carol A. Koller, Asst. Defender (argued), Edward H. Weis, Atty. in Charge, Defender Ass'n of Philadelphia, Philadelphia, Pa., for Dennis M. Nazarok.

Before HUNTER and BECKER, Circuit Judges, and HOFFMAN, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This case arises from an early morning stop and search of an automobile. A search of the automobile trunk revealed a loaded .22 caliber semi-automatic pistol, and the police arrested the car's occupants, defendants Robert Rickus and Dennis Nazarok. The defendants were subsequently indicted under 18 U.S.C.App. § 1202(a)(1) (1982), which prohibits the possession of firearms by convicted felons. Both...

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