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U.S. v. POWELL

No. 93-10113.

24 F.3d 28 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Edward L. POWELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 12, 1994.

Attorney(s) appearing for the Case

Richard B. Mazer, San Francisco, CA, for defendant-appellant.

George L. Bevan, Jr., Asst. U.S. Atty., San Francisco, CA, for plaintiff-appellee.

Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges.

Opinion by Judge T.G. NELSON.

T.G. NELSON, Circuit Judge:

I

OVERVIEW

Edward L. Powell (Powell) appeals his conviction on a charge of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court severed the firearm charge from three unrelated counts. The principal issue on appeal is whether Powell's appeal from the first trial on the three severed counts divested the district court of jurisdiction...

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