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U.S. v. ESSICK

No. 90-5803.

935 F.2d 28 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Tommy Franklin ESSICK, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 3, 1991.

As Amended June 3, 1991.

Attorney(s) appearing for the Case

Mary Katherine Nicholson, argued, Greensboro, N.C., for defendant-appellant.

Paul Alexander Weinman, Asst. U.S. Atty., argued (Robert H. Edmunds, Jr., U.S. Atty.), Greensboro, N.C., for plaintiff-appellee.

Before RUSSELL, HALL, and WILKINSON, Circuit Judges.

K.K. HALL, Circuit Judge:

Tommy Franklin Essick appeals his conviction for possession of a firearm by an ex-felon, in violation of 18 U.S.C. § 922(g)(1). Because we find that the government failed to prove an essential element of the crime, we reverse the judgment of conviction.

I.

On September 8, 1989, local police and federal agents from the Bureau of Alcohol, Tobacco and Firearms searched a house where Essick and others resided. A large number...

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