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UNITED STATES v. MILLER

No. 71-1334.

452 F.2d 731 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Gene MILLER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 7, 1972.

Attorney(s) appearing for the Case

Jeff R. Laird, First Asst. U. S. Atty., Oklahoma City, Okl. (William R. Burkett, U. S. Atty., Oklahoma City, Okl., with him on the brief), for plaintiff-appellee.

Mac Oyler, Oklahoma City, Okl., for defendant-appellant.

Before LEWIS, Chief Judge, and McWILLIAMS and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Larry Gene Miller appeals from his conviction for unlawful possession of a firearm as defined by 26 U.S.C. § 5845(a) not registered to him in the National Firearms Registration and Transfer Record in violation of 26 U.S.C. §§ 5861(d) and 5871.

Prior to trial, Miller moved to suppress the evidence against him, i. e., the sawed-off shotgun, on the ground that it had been obtained as a result of an illegal search and seizure...

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