UNITED STATES v. THOMAS

No. 86-2298.

810 F.2d 478 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Ray Douglas THOMAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 5, 1987.


Attorney(s) appearing for the Case

P. Joseph Brake, FPD San Antonio, Tex., for defendant-appellant.

Sidney Powell, Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., Michael R. Hardy, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GEE, POLITZ and WILLIAMS, Circuit Judges.


GEE, Circuit Judge:

The defendant appeals his convictions for receipt and possession of a firearm by a convicted felon. We remand and instruct the district court to exercise its discretion to vacate one of the convictions.

One afternoon, Ray Douglas Thomas tried to sell a shotgun to a gun shop owner. The shop owner, knowing Thomas to be a convicted felon, told him to return later with the gun, then notified federal authorities. A federal agent arrested Thomas...

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