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PARKER v. UNITED STATES

No. 85-6161.

801 F.2d 1382 (1986)

Floyd D. PARKER, Appellant, v. UNITED STATES of America.

United States Court of Appeals, District of Columbia Circuit.

Decided September 17, 1986.

Attorney(s) appearing for the Case

Charles B. Wayne, Washington, D.C., appointed by the Court, for appellant.

David Schertler, Asst. U.S. Atty., a member of the Bar of the District of Columbia Court of Appeals, pro hac vice, by special leave of the Court, with whom Joseph E. diGenova, U.S. Atty., Michael W. Farrell and Thomas J. Tourish, Jr., Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before MIKVA, SCALIA and BUCKLEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

This is an appeal from a conviction of armed bank robbery, 18 U.S.C. § 2113(a) & (d) (1982), and of carrying a firearm during commission of a crime of violence, 18 U.S.C. § 924(c) (Supp. III 1985). It presents the issue of the nature of proof necessary to establish that the instrument carried by the defendant was a "firearm" within the meaning of the statute, and the...

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