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U.S. v. SMITH

No. 234, Docket 96-1826.

160 F.3d 117 (1998)

UNITED STATES of America, Appellee, v. Decaress SMITH, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 9, 1998.

Attorney(s) appearing for the Case

David A. Lewis, New York, N.Y. (The Legal Aid Society, Federal Defender Division, Appeals Bureau, on the brief), for Defendant-Appellant.

Richard P. Maigret, Assistant United States Attorney, Buffalo, N.Y. (Denise E. O'Donnell, United States Attorney for the Western District of New York, on the brief), for Appellee.

Before: FEINBERG and JACOBS, Circuit Judges, and POLLACK, District Judge.

JACOBS, Circuit Judge:

Defendant-appellant Decaress Smith pleaded guilty in the United States District Court for the Western District of New York (Elfvin, J.) to one count of possessing a firearm as a felon, in violation of 18 U.S.C. § 922(g). In a statement to the Probation Office and then at his sentencing, Smith recounted that he was working at a youth center when he took possession of the gun briefly by confiscation from a gang member. This account...

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