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SIZEMORE v. UNITED STATES

No. 19026.

393 F.2d 656 (1968)

Roy De Wayne SIZEMORE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

May 1, 1968.

Attorney(s) appearing for the Case

Melvin H. Wolf, Waterloo, Iowa, for appellant.

Gene R. Krekel, Asst. U. S. Atty., Sioux City, Iowa, for appellee, Asher E. Schroeder, U. S. Atty., and Steve Turner, Asst. U. S. Atty., on the brief.

Before VAN OOSTERHOUT, Chief Judge, and MATTHES and LAY, Circuit Judges.

VAN OOSTERHOUT, Chief Judge.

Defendant Roy De Wayne Sizemore has taken this timely appeal from his conviction by a jury upon an indictment charging him with violation of 26 U.S. C.A. § 5851 by willfully and knowingly possessing a described sawed-off shotgun which had not been registered with the Secretary of the Treasury, as required by 26 U.S.C.A. § 5841. Defendant was given a suspended sentence of one-year imprisonment.

Defendant asserts he is...

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