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U.S. v. FIX

No. 00-10789.

264 F.3d 532 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Lawrence Christopher FIX, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 29, 2001.

Attorney(s) appearing for the Case

Nancy E. Larson, Asst. U.S. Atty., Fort Worth, TX, for Plaintiff-Appellee.

Brett Davis Boone, Fort Worth, TX, for Defendant-Appellant.

Before JOLLY, SMITH, and WIENER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Lawrence Fix appeals his conviction of violating 18 U.S.C. § 922(g)(1) (2001), which prohibits convicted felons from possessing firearms "in and affecting" interstate commerce. We reverse and remand.

I.

In 1981, Fix pleaded guilty of arson in state court and was sentenced to three years' probation. In 1984, the state court granted his motion to set aside the sentence of probation, grant a new trial, and dismiss...

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