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UNITED STATES v. MARSHALL

No. 22485.

440 F.2d 195 (1970)

UNITED STATES of America v. Ernest M. MARSHALL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1970.

Certiorari Denied November 9, 1970.

Attorney(s) appearing for the Case

Mr. John H. MacVey, Washington, D.C. (appointed by this court), for appellant.

Mr. John G. Gill, Jr., Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee. Mr. David G. Bress, U. S. Atty. at the time the record was filed, also entered an appearance for appellee.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, and ROBB, Circuit Judges.

Certiorari Denied November 9, 1970. See 91 S.Ct. 153.

FAHY, Senior Circuit Judge:

Appellant was charged with carrying a pistol without a license in violation of D.C.Code § 22-3204 (1967). He was convicted by a jury and sentenced to imprisonment for a term of two to six years. He challenges both the admissibility of the pistol in evidence and the validity of the procedure at his sentencing. We affirm the conviction and explain our reasons in Part I of...

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