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U.S. v. ELRAWY

No. 04-20123. Summary Calendar.

448 F.3d 309 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Ibrahim Hassan ELRAWY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 26, 2006.

Attorney(s) appearing for the Case

James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Stephen Robert Baxley, Baxley Law Office, Papillion, NE, for Elrawy.

Before SMITH, GARZA and PRADO, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Ibrahim Elrawy appeals his conviction of violating 18 U.S.C. § 922(g)(5)(B) by being an alien admitted under a nonimmigrant visa who possessed a firearm (count one) and of violating id. § 922(g)(5)(A) by being an alien illegally present in the United States who possessed a firearm (count two). We affirm as to count two, reverse as to count one, vacate the sentence, and remand...

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