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U.S. v. MONTAGUE

No. 93-3191.

40 F.3d 1251 (1994)

UNITED STATES of America, Appellee, v. Vernon A. MONTAGUE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 18, 1994.

As Amended December 20, 1994.

Attorney(s) appearing for the Case

Ethan M. Posner, appointed by the Court, Washington, DC, argued the cause for appellant. With him on the briefs was Bruce A. Baird, Washington, DC.

Miriam M. Smolen, Asst. U.S. Atty., Washington, DC, argued the cause for appellee. With her on the brief were Eric H. Holder, Jr., U.S. Atty., and John R. Fisher, Asst. U.S. Atty., Washington, DC.

Before: EDWARDS, Chief Judge, GINSBURG and SENTELLE, Circuit Judges.

Opinion for the Court filed by Chief Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Chief Judge:

Appellant, Vernon Montague, was tried before a jury and convicted of possession of an unregistered firearm in violation of 26 U.S.C. § 5861(d) (1988) and aiding and abetting the possession of an unregistered firearm in violation of 18 U.S.C. § 2 (1988). During trial, appellant testified that he neither owned nor possessed the gun that was retrieved from a...

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