U.S. v. MELVIN

Nos. 92-1563—92-1567, 92-1642—92-1646, 92-1724 and 92-1725.

27 F.3d 703 (1994)

UNITED STATES, Appellee, v. James F. MELVIN, Defendant, Appellant. UNITED STATES, Appellee, v. Michael C. HABICHT, Defendant, Appellant. UNITED STATES, Appellee, v. Patrick J. NEE, Defendant, Appellant. UNITED STATES, Appellee, v. Robert Emmett JOYCE, Defendant, Appellant. UNITED STATES, Appellee, v. James M. MURPHY, Defendant, Appellant. UNITED STATES, Appellant, v. Michael C. HABICHT, Defendant, Appellee. UNITED STATES, Appellant, v. Robert Emmett JOYCE, Defendant, Appellee. UNITED STATES, Appellant, v. James F. MELVIN, Defendant, Appellee. UNITED STATES, Appellant, v. James M. MURPHY, Jr., Defendant, Appellee. UNITED STATES, Appellant, v. Patrick J. NEE, Defendant, Appellee. UNITED STATES, Appellee, v. Michael O. McNAUGHT, Defendant, Appellant. UNITED STATES, Appellant, v. Michael O. McNAUGHT, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 22, 1994.


Attorney(s) appearing for the Case

Martin G. Weinberg, by appointment of the Court, with whom James W. Lawson and Oteri, Weinberg & Lawson, Boston, MA, were on brief for appellant James F. Melvin.

Judith H. Mizner, Newbury Port, MA, by appointment of the Court, for appellant Michael C. Habicht.

Kenneth J. Fishman, with whom Peter Charles Horstmann, Bailey, Fishman & Leonard and Anthony M. Cardinale, Boston, MA, were on brief for appellants Patrick J. Nee and Michael O. McNaught.

Kimberly Homan, with whom Sheketoff & Homan, Boston, MA, was on brief for appellant Robert Emmett Joyce.

Lawrence Rizman, Boston, MA, by appointment of the Court, with whom James M. Murphy pro se, was on brief for appellant James M. Murphy.

James B. Farmer, Asst. U.S. Atty., with whom A. John Pappalardo, U.S. Atty., Stephen P. Heymann, Asst. U.S. Atty. and James D. Herbert, Asst. U.S. Atty., Boston, MA, were on brief for appellee.

Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and STAHL, Circuit Judge.


TORRUELLA, Circuit Judge.

In this case, James F. Melvin, Michael C. Habicht, Patrick J. Nee, Robert Emmett Joyce, James M. Murphy, Jr., and Michael O. McNaught challenge their convictions and sentences in connection with an attempted armored truck robbery in Abington, Massachusetts, following a jury trial in the district court.1 The Government charged each defendant with violating 18 U.S.C. § 922(g), being felons-in-possession of...

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