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U.S. v. RUMNEY

No. 88-1641.

867 F.2d 714 (1989)

UNITED STATES of America, Appellee, v. Arthur W. RUMNEY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 8, 1989.

Attorney(s) appearing for the Case

Paul J. Garrity, by Appointment of the Court, with whom Schapira Professional Association, Manchester, N.H., was on brief, for appellant.

David A. Vicinanzo, Asst. U.S. Atty., with whom Richard V. Wiebusch, U.S. Atty., Manchester, N.H., was on brief, for defendant, appellee.

Before BOWNES and BREYER, Circuit Judges, and CAFFREY, Senior District Judge.

BOWNES, Circuit Judge.

Arthur W. Rumney appeals his conviction of one count of being a felon in possession of a firearm. 18 U.S.C.App. § 1202(a)(1).1 On appeal, appellant raises three issues: (1) whether he could be sentenced under the provisions of § 1202(a)(1) as a person thrice convicted of burglary or robbery when the indictment only alleged one prior such conviction; (2) whether the district court erred in not conducting...

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