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IN RE SEALED CASE

No. 00-3057.

246 F.3d 696 (2001)

In re: Sealed Case.

United States Court of Appeals, District of Columbia Circuit.

Decided April 24, 2001

Attorney(s) appearing for the Case

Gregory L. Poe, Assistant Federal Public Defender, argued the cause for appellant. With him on the briefs was A.J. Kramer, Federal Public Defender.

Marc O. Litt, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Wilma A. Lewis, U.S. Attorney, John R. Fisher, Roy W. McLeese, III, and Mary T. O'Connor, Assistant U.S. Attorneys.

Before: Williams, Ginsburg and Sentelle, Circuit Judges.

Opinion for the Court filed by Circuit Judge Williams.

WILLIAMS, Circuit Judge:

Appellant pleaded guilty to one count of unlawful possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and one count of unlawful possession of cocaine in violation of 33 D.C.Code § 33-541. The presentence investigation report found that appellant had threatened to shoot someone with the firearm, a separate felony that

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