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UNITED STATES v. BENNER

No. CR 68-85.

289 F.Supp. 860 (1968)

UNITED STATES of America, Plaintiff, v. Charles Edward BENNER, Defendant.

United States District Court D. Oregon.

June 5, 1968.

Attorney(s) appearing for the Case

Richard C. Helgeson, Asst. U. S. Atty., Sidney I. Lezak, U. S. Atty., District of Oregon, Portland Or., for plaintiff.

William V. Bierek, Portland, Or., for defendant.

FINDINGS AND OPINION

KILKENNY, District Judge:

Defendant is charged under 26 U.S.C. § 5851 with knowingly, willfully, unlawfully and feloniously possessing a sawed off firearm in violation of 26 U.S.C. § 5821. The facts are not in dispute. Defendant's only defense is that § 5851, as applied to § 5821, violates his Fifth Amendment rights against self-incrimination. He relies on the recent cases...

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