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UNITED STATES v. FOSTER

No. 83-1792.

783 F.2d 1082 (1986)

UNITED STATES of America v. Bernard FOSTER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 14, 1986.

Attorney(s) appearing for the Case

J. Peter Byrne, Washington, D.C., (appointed by this court) for appellant.

Michael W. Farrell, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Washington, D.C., was on brief, for appellee. Paul L. Knight, Asst. U.S. Atty., Washington, D.C., also entered an appearance for appellee.

James Klein and Mark S. Carlin, Attys., District of Columbia Public Defender Service, Washington, D.C., were on brief for amicus curiae urging continued application of the existing rule.

Before ROBINSON, Chief Judge, and WRIGHT, WALD, MIKVA, EDWARDS, GINSBURG, BORK, SCALIA, STARR and SILBERMAN, Circuit Judges.

Argued En Banc December 5, 1985.

Opinion for the Court filed by SCALIA, Circuit Judge.

SCALIA, Circuit Judge.

This is an appeal from conviction, after jury trial, on charges of possessing an unregistered firearm in violation of 26 U.S.C. § 5861(d) (1982), and possessing a firearm not identified by serial number in violation of 26 U.S.C. §§ 5842, 5861(i). The firearm in question was a short...

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