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U.S. v. STEWART

No. 94-5183.

49 F.3d 121 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Gilbert STEWART, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 10, 1995.

Attorney(s) appearing for the Case

ARGUED: Donna M. D'Alessio, Asst. Federal Public Defender, Baltimore, MD, for appellant. Ira Lee Oring, Asst. U.S. Atty., Baltimore, MD, for appellee. ON BRIEF: James K. Bredar, Federal Public Defender, Baltimore, MD, for appellant. Lynne A. Battaglia, U.S. Atty., Jamie M. Bennett, Asst. U.S. Atty., Baltimore, MD, for appellee.

Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.

Vacated and remanded by published opinion. Judge MURNAGHAN wrote the majority opinion, in which Judge MOTZ joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

MURNAGHAN, Circuit Judge:

Gilbert Stewart pled guilty to a charge of possessing in December of 1992 a firearm in violation of 18 U.S.C. § 922(g), having earlier been convicted in January of 1983 in Maryland state court of a felony (armed...

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