No. 89-1471.

891 F.2d 13 (1989)

UNITED STATES of America, Plaintiff, Appellee, v. Gerard Peter MOCCIOLA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 5, 1989.

Attorney(s) appearing for the Case

Steven D. Silin, with whom Paul F. Macri and Berman, Simmons & Goldberg, P.A., Lewiston, Me., were on brief, for defendant, appellant.

F. Mark Terison, Asst. U.S. Atty., Portland, Me., with whom Richard S. Cohen, U.S. Atty., Augusta, Me., was on brief, for plaintiff, appellee.

Before SELYA, Circuit Judge, ALDRICH and GIBSON, Senior Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

Defendant-appellant Gerard Peter Mocciola, awoke one August morning in 1988 to the sounds of intruders shouting and his dog barking in his home. In the upstairs bedroom where he and his wife had been sleeping, defendant grabbed a loaded Browning Arms semi-automatic pistol and stepped into the darkened hallway. There he confronted the intruders: Maine State Police officers conducting a drug raid. One officer yelled at defendant...

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