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UNITED STATES v. TONER

Nos. 416, 417, Dockets 83-1287, 83-1294.

728 F.2d 115 (1984)

UNITED STATES of America, Appellee, v. Vincent Austain TONER, Colm Murphy, Appellants.

United States Court of Appeals, Second Circuit.

Decided February 14, 1984.

Attorney(s) appearing for the Case

John R. Wing, New York City (Jacqueline C. Wolff, Weil, Gotshal & Manges, New York City, of counsel), for defendant-appellant Colm Murphy.

David L. Lewis, Lewis & Fiori, New York City, for defendant-appellant Vincent Austain Toner.

Peter Chavkin, Asst. U.S. Atty., Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty., E.D.N.Y., Allyne R. Ross, Asst. U.S. Atty., Brooklyn, N.Y., on brief), for plaintiff-appellee.

Before OAKES and MESKILL, Circuit Judges, and NEAHER, District Judge.

OAKES, Circuit Judge:

Colm Murphy and Vincent Toner appeal from convictions arising out of Murphy's purchase from an undercover FBI agent of twenty M-16 machine guns which the appellants planned to transport to Northern Ireland. Both Murphy and Toner were indicted for and convicted of three rather technical firearms offenses. Count One charged that the men received and possessed the machine guns unlawfully in that no written application was on file with the Secretary...

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