U.S. v. KUBAN

No. 95-50712.

94 F.3d 971 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory Alan KUBAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 29, 1996.


Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Attorney, Office of the United States Attorney, San Antonio, TX, for U.S.

Charles O. Grigson, Austin, TX, for defendant-appellant.

Before REAVLEY, GARWOOD and DeMOSS, Circuit Judges.


GARWOOD, Circuit Judge:

Defendant-appellant Gregory Kuban (Kuban), a convicted felon, pleaded guilty to a charge of knowingly possessing firearms that had been shipped or transported in interstate commerce, in violation of 18 U.S.C. § 922(g)(1). Prior to entering his plea, Kuban filed a motion to dismiss the indictment, challenging the constitutionality of section 922(g)(1). Kuban's plea was conditioned on his right to appeal the district court's denial of this...

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