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UNITED STATES v. AIUPPA

No. 363-70.

440 F.2d 893 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph AIUPPA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 10, 1971.

Attorney(s) appearing for the Case

E. Edward Johnson, Asst. U. S. Atty. (Robert J. Roth, U. S. Atty., on the brief), for plaintiff-appellee.

Maurice J. Walsh, Chicago, Ill. (Carl M. Walsh, Chicago, Ill., and Joseph J. Poizner, Kansas City, Kan., of counsel, on the brief), for defendant-appellant.

Before BREITENSTEIN and HILL, Circuit Judges, and LANGLEY, District Judge.

BREITENSTEIN, Circuit Judge.

The case is here for the third time. Defendant Aiuppa was charged by information with the possession and transportation of over 500 mourning doves on October 1, 1962, in violation of 16 U.S.C. § 703. We reversed his first conviction because evidence was received of an unlawful search and seizure. Aiuppa v. United States, 10 Cir., 338 F.2d 146. On retrial, the objectional evidence was excluded and...

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