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U.S. v. LESTER

No. 91-093-Cr-HIGHSMITH.

785 F.Supp. 976 (1991)

UNITED STATES of America v. Gary LESTER, Defendant.

United States District Court, S.D. Florida.

December 12, 1991.

Attorney(s) appearing for the Case

Donald Chase, Asst. U.S. Atty., Miami, Fla., for plaintiff.

David H. Lichter, Kenny, Nachwalter & Seymour, Miami, Fla., for defendant.

ORDER

MARCUS, District Judge.

THIS CAUSE is before the Court on Defendant Gary Lester's Motion to Dismiss Count I of the Indictment. The issue before the court is whether a nolo contendere plea, with adjudication withheld, in a prior state court proceeding is a "conviction" for purposes of the Federal Firearms Statute, 18 U.S.C. § 921 et seq.1 While we consider this a close and difficult question, we nonetheless...

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