UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
May 23, 1991
UNITED STATES OF AMERICA
DALE T. MCDONEL, APPELLANT
On Appeal from the United States District Court for the Middle District of Pennsylvania; (D.C. Criminal No. 90-00176); District Judge: Hon. Sylvia H. Rambo.
Hutchinson, Cowen and Garth, Circuit Judges.
After considering the contentions raised by appellant, to wit:
1. Has the government presented evidence sufficient to sustain a conviction under 18 U.S.C. § 924(c), given the transactional analysis applied by the Third Circuit in United States v. Theodoropoulos ; and
2. Should a new trial be granted based upon the district court's erroneous denial of appellant's motion to suppress evidence based upon the knock and announce rule; it is
ADJUDGED AND ORDERED that the judgment of the district court be and is hereby affirmed.
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