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U.S. v. HERNANDEZ

No. 95-50181.

109 F.3d 1450 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. James Robert HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission August 8, 1996.

Resubmitted March 24, 1997.

Decided March 31, 1997.

Attorney(s) appearing for the Case

David J. Cohen, Law Office of David J. Cohen, San Francisco, CA, for defendant-appellant.

Michael G. Wheat, Assistant United States Attorney, San Diego, CA, for plaintiff-appellee.

Before: FLETCHER, TASHIMA, Circuit Judges, and JANE A. RESTANI, Judge of the United States Court of International Trade.

PER CURIAM.

Petitioner James Robert Hernandez appeals from a conviction and sentence for violation of 18 U.S.C. § 922(g)(1) which prohibits possession of a firearm by anyone with a prior felony conviction. In the proceedings below, Hernandez offered to stipulate to his status as a felon. However, the government rejected Hernandez' offer to stipulate. At trial, over Hernandez' objection, the district court permitted the government to introduce into evidence an...

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