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UNITED STATES v. MARTIN

No. 83-1017.

732 F.2d 591 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Ricky Darvin MARTIN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 19, 1984.

Attorney(s) appearing for the Case

Roger J. Hymen, Salinger, Gignillian, Hymen & Zamparo, P.C., Chicago, Ill., for defendant-appellant.

Joel V. Merkel, Asst. U.S. Atty., Frederick J. Hess, U.S. Atty., East St. Louis, Ill., for plaintiff-appellee.

Before ESCHBACH, POSNER and COFFEY, Circuit Judges.

ESCHBACH, Circuit Judge.

Little is disputed in this criminal appeal. Both parties agree that one of the defendant's two convictions on firearm charges must be vacated. The only question is whether the receipt conviction, 18 U.S.C. § 922(h), or the possession conviction, 18 U.S.C.App. § 1202(a), should stand. Holding that the answer to this question is committed to the sound discretion of the district court, we remand the case to the district court to vacate...

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