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UNITED STATES v. EVANS

No. 71-2957.

481 F.2d 990 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Charles Eddie EVANS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 1, 1973.

Attorney(s) appearing for the Case

Bruce Babcock, Jr., Asst. U. S. Atty. (argued), Dwayne Keyes, U. S. Atty., Richard W. Nichols, Asst. U. S. Atty., Sacramento, Cal., for plaintiff-appellant.

Charles H. Wright (argued), Sacramento, Cal., for defendant-appellee.

Before LUMBARD, HUFSTEDLER and WALLACE, Circuit Judges.

WALLACE, Circuit Judge:

Evans was charged with violations of 26 U.S.C. § 5861, subsections (c) (possession of a firearm without payment of making tax), (d) (possession of an unregistered firearm), (h) (possession of a firearm with the serial number removed), and (i) (possession of a firearm not identified by a serial number). The firearm involved in each count was a sawed-off shotgun. The district court granted Evans' motion to suppress the firearm. We reverse...

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