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U.S. v. SMITH

Nos. 95-1754, 95-1857.

101 F.3d 202 (1996)

UNITED STATES, Appellee, v. Brian SMITH, Defendant, Appellant. UNITED STATES, Appellee, v. Gerald YANOVITCH, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 26, 1996.

Attorney(s) appearing for the Case

Charles W. Rankin, with whom Rankin & Sultan were on brief, Boston, MA, for appellant Brian Smith.

Michael C. Bourbeau, Boston, MA, for appellant Gerald Yanovitch.

George W. Vien, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, Carole S. Schwartz and Michael D. Ricciuti, Assistant United States Attorneys, were on brief, for appellee.

Before TORRUELLA, Chief Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.

LEVIN H. CAMPBELL, Senior Circuit Judge.

A United States Grand Jury for the District of Massachusetts returned an indictment charging defendants-appellants Brian Smith ("Smith") and Gerald Yanovitch ("Yanovitch") with being felons-in-possession of a firearm (Count One) and ammunition (Count Two), in violation of 18 U.S.C. §§ 922(g) (1976 & Supp.1996), 2 (1969). After a five-day trial, a jury convicted the defendants-appellants on both counts of the indictment...

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