OPINION AND ORDER
BILLINGS, Chief Judge.
This matter was heard by the Court on June 14, 1989. Defendant waived his right to jury trial. Prior to hearing, counts 3 and 4 of the indictment were dismissed on motion of the government. The matter then proceeded to hearing on counts 1 and 2 of the indictment.
Count 1 charges that:
(1) On or about February 23, 1976, defendant was convicted, in a court in the Commonwealth of Massachusetts, of a crime...
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