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Franklin and Clement Xavier, two brothers, discovered one of their enemies, Alton, seated in a car outside a grocery store. Clement instructed his brother to wait inside the store until he returned. Clement left in his truck and returned a few minutes later with an unidentified man who handed Franklin a gun. Franklin then shot into the car in which Alton was sitting. Franklin was an ex-felon. D was convicted of aiding and abetting possession of a firearm by a convicted felon. D claims he was wrongfully convicted as the government never proved his knowledge of Franklin's conviction.

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