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U.S. v. HERRON

No. 93-5704.

38 F.3d 115 (1994)

UNITED STATES of America, Plaintiff Appellant, v. Ray HERRON, Jr., Defendant Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 15, 1994.

Publication Ordered October 13, 1994.

Attorney(s) appearing for the Case

ARGUED: Lisa Grimes Johnston, Office of the U.S. Atty., Wheeling, WV, for appellant. Kourtney Anthony Ryan, Buckhannon, WV, for appellee. ON BRIEF: William D. Wilmoth, U.S. Atty., Sam G. Nazzaro, Asst. U.S. Atty., Thomas E. Booth, U.S. Dept. of Justice, Washington, DC, for appellant.

Before RUSSELL and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

PER CURIAM:

The government appeals an order dismissing an indictment against Ray Herron, Jr. The indictment charged Herron as a felon in possession of firearms, in violation of 18 U.S.C. § 922(g)(1). We reverse and remand with instructions to reinstate the indictment.

I.

On February 23, 1987, Herron was convicted under West Virginia law of manufacturing marijuana. He was sentenced...

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