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UNITED STATES v. PADIA

No. 78-5221. Summary Calendar.

584 F.2d 85 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Gilbert G. PADIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 15, 1978.

Attorney(s) appearing for the Case

Celso C. Rodriguez, Juan P. Gonzalez, Corpus Christi, Tex., for defendant-appellant.

J. A. Canales, U. S. Atty., James R. Gough, George A. Kelt, Jr., Asst. U. S. Attys., Houston, Tex., Robert A. Berg, Asst. U. S. Atty., Corpus Christi, Tex., for plaintiff-appellee.

Before GOLDBERG, AINSWORTH and HILL, Circuit Judges.

AINSWORTH, Circuit Judge:

Gilbert Padia appeals his conviction under 18 U.S.C. §§ 922(h) and 9241 after trial before the district court (jury trial having been waived), on a charge of receiving firearms that had been shipped in interstate commerce while being a convicted felon. Padia contends that the district court erred in failing to hold that defendant was not a convicted felon when he received the weapons involved in this...

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