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UNITED STATES v. BURLEY

Crim. A. No. 1808.

280 F.Supp. 672 (1968)

UNITED STATES of America, Plaintiff, v. Melvin Nathaniel BURLEY, Defendant.

United States District Court D. Delaware.

February 12, 1968.

Attorney(s) appearing for the Case

L. Vincent Ramunno, Asst. U. S. Atty., Wilmington, Del., for plaintiff.

Daniel F. Kelleher, of Theisen & Lank, Wilmington, Del., for defendant.

OPINION

LAYTON, District Judge.

On October 24, 1967, defendant Burley was convicted by a jury of violating Title 26 U.S.C. § 5851 by having in his possession a firearm as defined by Title 26 U.S.C. § 5848(1),1 which had not been registered as required by Title 26 U.S.C. § 5841. The defendant has moved for a judgment of acquittal or, in the alternative, for a new trial.2

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