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UNITED STATES v. KIM

No. 24059.

430 F.2d 58 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Earl K. H. KIM, Harry I. A. Ah Nee, Chester Hanawahine, Penrod S. Fanene, Catalino Gedarro, and Ralph H. Martin, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 11, 1970.

Attorney(s) appearing for the Case

Ernest Y. Yamane, of Bicoy & Yamane, Honolulu, Hawaii, for defendants-appellants.

Robert K. Fukuda, U. S. Atty., Joseph M. Geden, Asst. U. S. Atty., Honolulu, Hawaii, for plaintiff-appellee.

Before JERTBERG, BROWNING and HUFSTEDLER, Circuit Judges.

JERTBERG, Circuit Judge:

Appellants were charged with the offense of violating 26 U.S.C. § 5851, of the National Firearms Act, in that they:

"knowingly did possess a firearm described in 26 United States Code, Section 5848(1), to wit, a U.S. carbine, .30 caliber, M1, Serial No. 3744036, having a barrel length of 11 5/8 inches and an overall length of 22½ inches which had been made in violation of the provisions of Section 5821(e) of Title 26, United...

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