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U.S. v. GOMEZ SERENA

No. 03-2618.

368 F.3d 1037 (2004)

UNITED STATES of America, Appellee, v. Margarito GOMEZ SERENA, Jr., also known as Margarito Rodriguez Serena, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 27, 2004.

Attorney(s) appearing for the Case

Dennis D. Fisher, argued, Moorhead, MN, for appellant.

Jennifer K. Puhl, Asst. U.S. Atty., argued, Fargo, ND (Drew H. Wrigley, U.S. Atty., Fargo, ND, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, HANSEN, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Margarito Gomez Serena, Jr. pleaded guilty to possession of firearms, possession of ammunition by a drug user, possession of stolen firearms, and possession of a firearm with an obliterated serial number, in violation of 18 U.S.C. §§ 922(g) and (j) and 18 U.S.C. § 924(a). Pursuant to his plea agreement, Serena reserved the right to appeal the district court's1

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