UNITED STATES v. FOSTER

No. 83-1792.

783 F.2d 1087 (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 (Appointed by this Court), for appellant.

Kenneth W. Cowgill, Asst. U.S. Atty., of the Bar of the Supreme Court of the District of Columbia, pro hac vice, by special leave of the Court, with whom Joseph E. diGenova, U.S. Atty., Michael W. Farrell and Paul L. Knight, Asst. U.S. Attys. were on the brief, for appellee.

Before BORK and SCALIA, Circuit Judges, and THOMAS F. HOGAN, United States District Judge for the District of Columbia.


Opinion for the court filed by District Judge HOGAN.

THOMAS F. HOGAN, District Judge:

In a two count indictment filed on April 7, 1983, appellant was charged with possession of an unregistered firearm, in violation of 26 U.S.C. §§ 5861 & 5871, and possession of a firearm not identified by a serial number, in violation of 26 U.S.C. §§ 5842, 5861 & 5871. The theory of the government's case at trial was that, although the appellant...

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