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U.S. v. WELLS

No. 292, Docket 89-1272.

893 F.2d 535 (1990)

UNITED STATES of America, Appellant, v. James E. WELLS, Jr., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 19, 1990.

Attorney(s) appearing for the Case

Joseph D. Wilson, Asst. U.S. Atty., N.D.N.Y., Albany, N.Y. (Frederick J. Scullin, Jr., U.S. Atty. for the N.D.N.Y., John J. McCann, Asst. U.S. Atty., Albany, N.Y., of counsel), for appellant.

John T. Casey, Jr., Albany, N.Y. (Hancock & Estabrook, Albany, N.Y., of counsel), for defendant-appellee.

Before LUMBARD, MESKILL and WINTER, Circuit Judges.

LUMBARD, Circuit Judge:

The Government appeals from an order of the United States District Court for the Northern District of New York, entered April 27, 1989, which dismissed with prejudice an indictment charging that the defendant, James E. Wells, Jr., on or about March 13, 1987, falsely pretended to be, and falsely stated to one Chris Runnalls that he was, a Special Agent of the Drug Enforcement Administration and that as such he "was allowed to carry a gun which...

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