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UNITED STATES v. BURNEY

Nos. 83-2383, 83-2534.

756 F.2d 787 (1985)

UNITED STATES of America, Defendant-Appellee, v. Joe Dean BURNEY, Plaintiff-Appellant.

United States Court of Appeals, Tenth Circuit.

March 7, 1985.

Attorney(s) appearing for the Case

Jim Bland of Gotcher, Brown & Bland, McAlester, Okl., for plaintiff-appellant.

Samuel Rosenthal, Atty. Dept. of Justice, Washington, D.C. (Gary L. Richardson, U.S. Atty., and Donn F. Baker, Asst. U.S. Atty., Muskogee, Okl., on brief), for defendant-appellee.

Before BARRETT, BREITENSTEIN and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Joe Dean Burney was indicted on one count of unlawful possession of a firearm, 18 U.S.C.App. § 1202(a)(1) (1982), and two counts of interstate sale of fish taken or sold in violation of state law,1 16 U.S.C. §§ 3372(a)(2)(A), 3373(d)(2) (1982). He was convicted by a jury on the two counts of interstate sale of fish. On appeal, he claims that he was denied effective assistance of counsel because of...

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