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U.S. v. MORTIMER

No. 97-2058.

161 F.3d 240 (1998)

UNITED STATES of America, Appellee, v. Matthew MORTIMER Appellant.

United States Court of Appeals, Third Circuit.

Decided November 27, 1998.

Attorney(s) appearing for the Case

Michael R. Stiles, United States Attorney, Walter S. Batty, Jr., Assistant United States Attorney, Chief of Appeals, Maryanne T. Donaghy (Argued), Assistant United States Attorney, Chief, Asset Forfeiture, Philadelphia, Pennsylvania, for Appellee.

Robert Epstein (Argued), Assistant Federal Defender, David L. McColgin, Supervising Appellate Attorney, Assistant Federal Defender, Maureen Kearney Rowley, Chief Federal Defender, Federal Court Division, Defender Association of Philadelphia, Philadelphia, Pennsylvania, for Appellant.

Before: BECKER, Chief Judge, NYGAARD, and NOONAN, Circuit Judges.

OPINION OF THE COURT

NOONAN, Circuit Judge.

Matthew Mortimer appeals his conviction of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). On January 10, 1996 Mortimer hit a parked car as he made a right hand turn. Philadelphia Police Officer Robert Ellis pulled in behind him and got out to investigate. Ellis confronted Mortimer who became combative and struggled physically...

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