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U.S. v. McDonel

May 23, 1991

UNITED STATES OF AMERICA
v.
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.

JUDGMENT ORDER

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.

19910523

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