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U.S. v. PALMIERI

No. 93-5134.

21 F.3d 1265 (1994)

UNITED STATES of America, v. James PALMIERI, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 11, 1994.

Sur Petition for Rehearing May 11, 1994.

Attorney(s) appearing for the Case

David E. Schafer (Argued), Office of Federal Public Defender, Trenton, NJ, for appellant.

Edna B. Axelrod, Daniel A. Greenstone (Argued), Michael Chertoff, Office of the U.S. Atty., Newark, NJ, for appellee.

Before: HUTCHINSON, COWEN and NYGAARD, Circuit Judges

OPINION OF THE COURT

NYGAARD, Circuit Judge.

James Palmieri appeals from his conviction on one count of knowingly engaging in the business of dealing in firearms without being licensed to do so, in violation of 18 U.S.C. §§ 922(a), 924(a), and one count of knowingly possessing and transferring a machine gun, in violation of 18 U.S.C. §§ 922(o), 924(a)(2). He contends that the district court erred (1) by precluding a defense based...

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