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U.S. v. WHITE

No. 00-40393.

258 F.3d 374 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Robert WHITE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 13, 2001.

Attorney(s) appearing for the Case

Alan Reeve Jackson, Asst. U.S. Atty., (argued), Tyler, TX, for Plaintiff-Appellee.

Gerald H. Goldstein (argued), Cynthia Eva Hujar Orr, Goldstein, & Hilley, San Antonio, TX, for Defendant-Appellant.

Before GARWOOD, HALL and BARKSDALE, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-Appellant Robert Alan White appeals his conviction, pursuant to his guilty plea, of one count of violating 18 U.S.C. § 922(g)(9). He asserts that the count of which he was convicted fails to state an offense and that his motion to dismiss the superseding indictment should have been granted. We conclude the count of conviction does not state an offense because neither of the predicate offenses alleged constitutes "a misdemeanor...

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