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UNITED STATES v. BURNETTE

No. 75-1115.

524 F.2d 29 (1975)

UNITED STATES of America, Petitioner-Appellant, v. Walter BURNETTE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 24, 1975.

Attorney(s) appearing for the Case

Donald E. Walter, U. S. Atty., Paul Lynch, J. Ransdell Keene, David R. Lestage, Asst. U. S. Attys., Shreveport, La., for petitioner-appellant.

Charles N. Wooten, Lafayette, La. (Court-appointed), for defendant-appellee.

Before COLEMAN and GEE, Circuit Judges, and COX, District Judge.

GEE, Circuit Judge:

The United States appeals the granting of a judgment of acquittal1 after a jury verdict of guilty. The charge was receiving a rifle and a pistol "in commerce" in violation of 18 U.S.C.App. § 1202(a)(1), it being undisputed that defendant Burnette was a previously-convicted felon.

The government's appeal is proper under United States v. Wilson, 420 U.S. 332, 95 S.Ct...

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