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U.S. v. MIDGETT

No. 99-4206.

198 F.3d 143 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Lee MIDGETT, III, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 30, 1999.

Attorney(s) appearing for the Case

ARGUED: Robert Bryan Rigney, Protogyrou & Rigney, P.L.C., Norfolk, Virginia, for Appellant. James Ashford Metcalfe, Assistant United States Attorney, Norfolk, Virginia, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, Norfolk, Virginia, for Appellee.

Before WILKINS and TRAXLER, Circuit Judges, and SEYMOUR, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge WILKINS and Judge SEYMOUR joined.

OPINION

TRAXLER, Circuit Judge:

Thomas Lee Midgett, III ("Midgett") entered a conditional guilty plea to possession of a firearm by a person previously committed to a mental institution, see 18 U.S.C.A. § 922(g)(4) (West Supp.1999), and was sentenced to thirty-three months imprisonment. He appeals, contending that his previous...

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