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UNITED STATES v. ROCKWELL

No. 85-3020.

781 F.2d 985 (1986)

UNITED STATES of America v. ROCKWELL, Ernest G., Appellant.

United States Court of Appeals, Third Circuit.

Decided January 16, 1986.

As Amended February 6, 1986.

Attorney(s) appearing for the Case

Paul D. Boas, (Argued), Berlin, Boas & Isaacson, Pittsburgh, Pa., for appellant.

Constance M. Bowden, (Argued), Paul J. Brysh, U.S. Atty's. Office, Pittsburgh, Pa., for appellee.

Before HUNTER, GARTH and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, JR., Circuit Judge.

Defendant Ernest Rockwell appeals from his conviction and sentence under 18 U.S.C. App. § 1202(a)1 which prohibits the possession of firearms by a convicted felon. For the reasons set forth below, we will reverse.

I.

Viewed in the light most favorable to the government, the facts shown at trial were as follows: On September 5, 1982 at approximately...

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