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U.S. v. CALISTO

No. 87-1096.

838 F.2d 711 (1988)

UNITED STATES of America v. CALISTO, Samuel J., Appellant.

United States Court of Appeals, Third Circuit.

Decided February 5, 1988.

Rehearing and Rehearing Denied February 29, 1988.

Attorney(s) appearing for the Case

Gilbert J. Scutti (argued), Philadelphia, Pa., for appellant.

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty. Chief of Appeals, Ewald Zittlau (argued), Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Before SLOVITER and STAPLETON, Circuit Judges, and FISHER, District Judge.

Rehearing and Rehearing In Banc Denied February 29, 1988.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Appellant, Samuel Calisto, was charged with possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) (1982), and with receipt and possession of firearms after having been convicted of a felony, in violation of 18 U.S.C. §§ 922(h)(1) and 1202(a)(1) (Appendix) (1982 & 1987 Supp.). He was convicted...

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