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U.S. v. EVERIST

No. 03-20059.

368 F.3d 517 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Leland EVERIST, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 27, 2004.

Attorney(s) appearing for the Case

Scott G. Hilderman (argued), Tony Ray Roberts, McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., Margaret Christina Ling, Asst. Fed. Pub. Def., Molly E. Odom (argued), Houston, TX, for Defendant-Appellant.

Before GARWOOD, HIGGINBOTHAM and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Joseph Everist was charged with being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1). Section 922(g)(1) makes it unlawful, inter alia, for a person who has been convicted of a crime punishable by more than one year's imprisonment to "ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or...

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