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U.S. v. GARCIA-CRUZ

No. 91-50758.

978 F.2d 537 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Fredrick GARCIA-CRUZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 30, 1992.

Attorney(s) appearing for the Case

Steven F. Hubachek, Cohen, Hubachek & Riggs, San Diego, Cal., for defendant-appellant.

Michael E. Lasater, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before FARRIS, LEAVY, and TROTT, Circuit Judges.

FARRIS, Circuit Judge:

Fredrick Garcia-Cruz appeals his jury conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g) (1988), and his sentence imposed under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (1988). Cruz argues that his conviction should be reversed because the district court erred in: (1) refusing his proffered jury instruction on constructive possession; (2) failing to hold a Franks hearing and...

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