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U.S. v. CLARK

No. 92-5407.

993 F.2d 402 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Albert Thomas CLARK, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 13, 1993.

Attorney(s) appearing for the Case

Dean Robert Davis, Wilmington, NC, argued, for defendant-appellant.

David Paul Folmar, Jr., Asst. U.S. Atty., Raleigh, NC, argued (Margaret Person Currin, U.S. Atty., on brief), for plaintiff-appellee.

Before ERVIN, Chief Judge, NIEMEYER, Circuit Judge, and WARD, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

Late in the evening of June 21, 1991, Albert Thomas Clark fired several shots from a small handgun during an altercation in the parking lot of Staggers Bar in Wilmington, North Carolina. He was shortly thereafter arrested with the gun still in his left hand. It turned out that the handgun had been reported stolen some two months earlier from the home of an acquaintance of Clark after it disappeared during a period when Clark...

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