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U.S. v. SOUSA

No. 05-2758.

468 F.3d 42 (2006)

UNITED STATES of America, Appellee, v. Mark J. SOUSA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 15, 2006.

Attorney(s) appearing for the Case

Richard N. Foley, for appellant.

F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.

Before LIPEZ, Circuit Judge, STAHL, Senior Circuit Judge, and Howard, Circuit Judge.

HOWARD, Circuit Judge.

In 2003, Mark J. Sousa was arrested in Kittery, Maine, for firing a semi-automatic pistol. He was then indicted for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). The indictment alleged, as the predicate offense, Sousa's 1977 Massachusetts conviction for assault with a dangerous weapon entered by the Boston Municipal Court. See Mass. Gen. Laws ch. 265, § 15B(b) (1975).

Sousa moved to dismiss...

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