UNITED STATES v. BERRY

No. 520-69.

423 F.2d 142 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Danny Alvin BERRY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 13, 1970.


Attorney(s) appearing for the Case

John E. Green, Asst. U. S. Atty. (William R. Burkett, U. S. Atty., on the brief), for appellee.

Max Moulton, Oklahoma City, Okl. (Don Winfrey, Oklahoma City, Okl., on the brief), for appellant.

Before BREITENSTEIN, SETH and HOLLOWAY, Circuit Judges.


BREITENSTEIN, Circuit Judge.

The jury found defendant-appellant Berry guilty of violating 26 U.S.C. § 5861, unlawful possession of a firearm made in violation of 26 U.S.C. § 5822. He appeals from the sentence imposed.

Defendant was arrested by state officers and the car which he was driving was taken to the police headquarters. It was then locked and was not opened until the time of the search. A search warrant for the car had been issued before...

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