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UNITED STATES v. CAPPS

No. 25697.

435 F.2d 637 (1970)

UNITED STATES of America, Plaintiff-Appellant, v. Roy L. CAPPS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 18, 1971.

Attorney(s) appearing for the Case

Charles Pinnell (argued), Asst. U. S. Atty., Stan Pitkin, U. S. Atty., Seattle, Wash., for plaintiff-appellant.

Brian L. Comstock (argued), Seattle, Wash., for defendant-appellee.

Before JERTBERG, BROWNING and TRASK, Circuit Judges.

TRASK, Circuit Judge:

The government appeals from the district court's order suppressing the use of a machine gun as evidence in the prosecution of appellee for the unlawful possession of an unregistered firearm in violation of 26 U.S.C. § 5861(d).1 The jurisdiction of this court to review the granting of the motion to suppress is conferred by 18 U.S.C. § 3731.

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