U.S. v. ABERNATHY

No. 95-1720.

83 F.3d 17 (1996)

UNITED STATES of America, Appellee, v. James H. ABERNATHY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 30, 1996.


Attorney(s) appearing for the Case

Edward F. Grourke with whom Finan & Grourke, Pawtucket, RI, was on brief for appellant.

Sheldon Whitehouse, United States Attorney, for appellee.

Before SELYA, Circuit Judge, ALDRICH, Senior Circuit Judge, and STAHL, Circuit Judge.


BAILEY ALDRICH, Senior Circuit Judge.

James H. Abernathy, driving a Massachusetts registered car in Providence, Rhode Island, was stopped by two policemen, one of whom, when he peered into defendant's vehicle, observed the butt of a .45 caliber Colt semi-automatic pistol sticking out from under the driver's seat. Indicted as a result, defendant initially pleaded guilty to two counts: Count I, as a convicted felon carrying a firearm that had been in interstate commerce...

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