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UPSHAW v. UNITED STATES

No. 24177.

399 F.2d 149 (1968)

Kenneth Ray UPSHAW, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

August 1, 1968.

Attorney(s) appearing for the Case

Milton P. Masinter, New Orleans, La., for appellant.

John C. Ciolino, Asst. U. S. Atty., New Orleans, La., for appellee.

Before THORNBERRY, AINSWORTH and DYER, Circuit Judges.

PER CURIAM:

Kenneth Ray Upshaw was convicted on a three-count indictment after a jury trial for violation of the National Firearms Act, 26 U.S.C. § 5801 et seq. He has appealed his conviction and asserts its invalidity on the basis of the recent Supreme Court decision in Haynes v. United States, 390 U.S. 85, 88 S.Ct. 722, 19 L.Ed.2d 923 (1968).

In reviewing the record of this conviction we are referred to prior proceedings...

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