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U.S. v. CHUBBUCK

No. 99-12066

252 F.3d 1300 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Harry James Chubbuck, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

DECIDED June 1, 2001

Attorney(s) appearing for the Case

Brenda Bryn, Fort Lauderdale, FL, Kathleen M. Williams, Fed. Pub. Def., Fed. Pub. Defender's Office, Miami, FL, for Defendant-Appellant.

Adalberto Jordan, Sally M. Richardson, Anne R. Schultz, Carol Herman, Miami, FL, for Plaintiff-Appellee.

Before EDMONDSON, WILSON and MAGILL, Circuit Judges.

WILSON, Circuit Judge:

Appellant, Harry James Chubbuck, appeals his conviction under 18 U.S.C. §§ 922(g)(1), 924(a)(2), felon in possession of a firearm. He alleges that at the time of his arrest, he was not a felon under Florida law and as such could not be guilty of the offense. As there is no clear Florida state court precedent on the issue and Eleventh Circuit precedent holds otherwise, we affirm Chubbuck's conviction because no plain error can be established...

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