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U.S. v. SANDERS

No. 90-5073.

964 F.2d 295 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos SANDERS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 29, 1992.

Attorney(s) appearing for the Case

J. Casey Forrester, Economou and Forrester, Alexandria, Va., argued, for defendant-appellant.

Stuart A. Berman, Sp. Asst. U.S. Atty., Alexandria, Va., argued (Henry E. Hudson, U.S. Atty. and Debra Sue Straus, Asst. U.S. Atty., on brief), for plaintiff-appellee.

Before PHILLIPS and NIEMEYER, Circuit Judges, and BRITT, United States District Judge for the Eastern District of North Carolina, sitting by designation.

OPINION

PHILLIPS, Circuit Judge:

Carlos Sanders appeals his convictions for assault with a dangerous weapon with intent to do bodily harm in violation of 18 U.S.C. § 113(c), and for possession of contraband (a shank used in the assault) in violation of Virginia Code § 53.1-203(4), as assimilated by 18 U.S.C. § 13. Because we believe that the district court erred by admitting evidence of Sanders' prior convictions for assault and possession...

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