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U.S. v. KIRK

No. 94-50472.

70 F.3d 791 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. William J. KIRK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 7, 1995.

Attorney(s) appearing for the Case

E.G. Morris, Morris & Florey, Austin, TX, for appellant.

Mark R. Stelmach, Richard L. Durbin, Jr., Asst. U.S. Attys., James H. DeAtley, Acting U.S. Atty., San Antonio, TX, for appellee.

Before POLITZ, Chief Judge, and JONES and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

The appellant, William J. Kirk, entered a conditional guilty plea in the district court to one count of unlawful possession of a machinegun under 18 U.S.C. § 922(o).1 On appeal, Kirk challenges the indictment and the district court's sentence calculation. Finding no error, we affirm.

I. FACTS

On September 1, 1988, Kirk offered to sell a machinegun to Donald Mueller. From September...

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