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CASTRO v. UNITED STATES

No. 18931.

296 F.2d 540 (1961)

Carlos Zayas CASTRO and Luis Orlando Alvarez, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 30, 1961.

Attorney(s) appearing for the Case

Max Lurie, Miami, Fla., for appellants.

Robert W. Rust, Asst. U. S. Atty., Miss Lavinia L. Redd, Asst. U. S. Atty., Edward F. Boardman, U. S. Atty., Miami, Fla., for appellee.

Before JONES and BELL, Circuit Judges, and SIMPSON, District Judge.

BELL, Circuit Judge.

Appellants and one Katon were tried under a four count indictment, three counts of which charged, respectively the substantive offenses under 26 U.S.C. § 5851 of possession of five submachine guns as defined in 26 U.S.C. § 5848 without registering them with the Secretary of the Treasury; receiving and possessing the guns without procuring and forwarding to the Secretary the required order forms; and receiving and possessing the guns...

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