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U.S. v. SWANSON

No. 91-7056 Non-Argument Calendar.

947 F.2d 914 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. David SWANSON, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 22, 1991.

Attorney(s) appearing for the Case

Frank W. Donaldson, U.S. Atty. and John C. Earnest, Jr., Asst. U.S. Atty., Birmingham, Ala., for plaintiff-appellant.

Lawrence B. Sheffield, Jr. and John A. Lentine, Sheffield, Sheffield, Sheffield & Lentine, Birmingham, Ala., for defendant-appellee.

Before TJOFLAT, Chief Judge, ANDERSON, Circuit Judge, and CLARK, Senior Circuit Judge.

CLARK, Senior Circuit Judge:

The district court dismissed the indictment against appellant Swanson pursuant to 18 U.S.C. § 922(g)(1) and 18 U.S.C. § 921(a)(20). We affirm.

I. FACTS

Appellant was charged in a three-count indictment with violation of 18 U.S.C. § 922(g)(1), which provides that it shall be unlawful for any person "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year ....

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