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U.S. v. SPINNER

No. 97-3061.

152 F.3d 950 (1998)

UNITED STATES of America, Appellee, v. Richard Paul SPINNER, III, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 28, 1998.

Rehearing Denied September 21, 1998.

Attorney(s) appearing for the Case

A.J. Kramer, Federal Public Defender, argued the cause and filed the briefs for appellant. Sandra G. Roland, Assistant Federal Public Defender, entered an appearance.

Michael Fitzpatrick, Assistant U.S. Attorney, argued the cause for appellee, with whom Wilma A. Lewis, U.S. Attorney, John R. Fisher, Mary-Patrice Brown and Matthew L. Levine, Assistant U.S. Attorneys, were on the brief.

Before: EDWARDS, Chief Judge, SENTELLE and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

Opinion dissenting in part filed by Circuit Judge GARLAND.

SENTELLE, Circuit Judge:

Appellant Richard Spinner challenges his conviction on four weapons and narcotics charges. We agree with Spinner that the government introduced insufficient evidence to sustain his conviction for possession of a semiautomatic assault weapon, and accordingly reverse that conviction. And because the district court...

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