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UNITED STATES v. BENNER

No. 23026.

417 F.2d 421 (1969)

UNITED STATES of America, Appellee, v. Charles Edward BENNER, Appellant.

United States Court of Appeals Ninth Circuit.

October 13, 1969.

Attorney(s) appearing for the Case

William V. Bierek (argued), Portland, Or., for appellant.

Tommy Hawk (argued), Asst. U. S. Atty., Sidney I. Lezak, U. S. Atty., Portland, Or., for appellee.

Before CHAMBERS and DUNIWAY, Circuit Judges, and SMITH, District Judge.

RUSSELL E. SMITH, District Judge.

On June 10, 1969, we filed an opinion in this case affirming the judgment. Thereafter, we granted a rehearing. The opinion filed on June 10 is withdrawn.

Defendant was charged with and convicted of illegally possessing under 26 U.S.C. § 5851, a firearm1 which had been made in violation of 26 U.S.C. § 5821, requiring that one who intends to make a firearm declare his intention to so do...

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