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U.S. v. VALENTINE

No. 04-40557.

401 F.3d 609 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Leonardo VALENTINE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 25, 2005.

Attorney(s) appearing for the Case

Tracey M. Batson, Asst. U.S. Atty., Plano, TX, Steven L. Lane (argued), Louis M. Fischer, U.S. Dept. of Justice, Crim. Div., App. Section, Washington, DC, for Plaintiff-Appellee.

James Brett Smith (argued), Smith & Smith, Sherman, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, SMITH and BENAVIDES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Jerry Valentine appeals his conviction, under 18 U.S.C. § 922(n), of receiving a firearm that traveled in interstate commerce while he was under indictment for a felony. We conclude that a Texas state defendant who is on probation pursuant to a deferred adjudication of a felony charge remains, as a matter of law, under indictment. Based on that conclusion, and because there is no merit to Valentine's other issues on appeal, we affirm...

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