UNITED STATES v. MAHONE

No. 75-1931.

537 F.2d 922 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Otha Lee MAHONE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 1, 1976.

Rehearing and Rehearing Denied August 17, 1976.


Attorney(s) appearing for the Case

Calvin K. Hubbell, Valparaiso, Ind., for defendant-appellant.

John R. Wilks, U.S. Atty., Fort Wayne, Ind., Richard A. Hanning, Asst. U.S. Atty., Hammond, Ind., for plaintiff-appellee.

Before PELL, BAUER, Circuit Judges, and PERRY, Senior District Judge.


Rehearing and Rehearing En Banc Denied August 17, 1976.

BAUER, Circuit Judge.

Appellant challenges his conviction under 26 U.S.C. §§ 5861(d) and (i) for possessing a sawed-off shotgun not registered to him and not identified by a serial number. The principal questions raised on appeal concern the legality under the Fourth Amendment of the seizure of the shotgun, the propriety of the trial judge's refusal...

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