UNITED STATES v. BRUSCANTINI

No. 84-5780. Non-Argument Calendar.

761 F.2d 640 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Emilio BRUSCANTINI, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 28, 1985.


Attorney(s) appearing for the Case

Paul Morris, Miami, Fla., for defendant-appellant.

Stanley Marcus, U.S. Atty., Linda Collins-Hertz, Roy B. Kahn, Sonia E. O'Donnel, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before GODBOLD, Chief Judge, KRAVITCH and HATCHETT, Circuit Judges.


GODBOLD, Chief Judge:

This is an appeal from a denial of a motion to dismiss the indictment. We affirm.

In 1974 appellant Bruscantini entered a plea of nolo contendere to a Florida burglary charge. The state judge withheld adjudication of guilt and placed him on probation. Appellant was told that the disposition of his case did not constitute a conviction. He successfully completed his probationary term.

In 1982 Bruscantini obtained two firearms...

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