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CASTELLANO v. UNITED STATES

No. 8248.

350 F.2d 852 (1965)

John Henry CASTELLANO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 8, 1965.

Attorney(s) appearing for the Case

Robert Lee Kessler, Denver, Colo., for appellant.

Richard T. Spriggs, Asst. U. S. Atty. (Lawrence M. Henry, U. S. Atty., for District of Colo., on the brief), for appellee.

Before PICKETT, BREITENSTEIN, and HILL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

A jury found appellant guilty of possessing an unregistered sawed-off shotgun in violation of the National Firearms Act as amended.1 In this appeal he attacks the constitutionality of 26 U.S.C. § 5851, the statute under which he was convicted, on the ground that it incorporates by reference § 5841 which in turn violates the self-incrimination provisions of the Fifth Amendment.

The firearms...

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