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U.S. v. LENDER

Nos. 92-5099, 92-5103.

985 F.2d 151 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Calvin Edwin LENDER, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Calvin Edwin LENDER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 1, 1993.

Attorney(s) appearing for the Case

John S. Bowler, Office of U.S. Atty., Raleigh, NC, argued (Margaret Person Currin, U.S. Atty., Jane H. Jolly, Asst. U.S. Atty., on brief), for plaintiff-appellant.

George Alan DuBois, Jr., Asst. Federal Public Defender, Raleigh, NC, argued, for defendant-appellee.

Before WILKINSON and NIEMEYER, Circuit Judges, and MORGAN, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

WILKINSON, Circuit Judge:

We address herein two issues relating to Calvin Edwin Lender's conviction and sentence for possessing a firearm in violation of 18 U.S.C. § 922(g)(1). Lender challenges the denial of his motion to suppress the firearm, and the government has appealed the district court's refusal to sentence Lender as an armed career criminal under 18 U.S.C. § 924(e). We uphold the district court's denial of the motion to suppress...

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