UNITED STATES v. BISWELL

No. 464-70.

442 F.2d 1189 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Loarn Anthony BISWELL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 18, 1971.


Attorney(s) appearing for the Case

Victor R. Ortega, U. S. Atty., and John A. Babington, Asst. U. S. Atty., filed a brief for plaintiff-appellee.

Warren F. Reynolds, Easley & Reynolds, Hobbs, N. M., filed a brief for defendant-appellant.

Before CLARK, Associate Justice, HILL and McWILLIAMS, Circuit Judges.


Mr. Justice CLARK:

Appellant was indicted on six counts for violating the United States' firearms laws, and was found guilty by a jury on the first count, i. e. dealing in firearms as defined in the Act, 26 U.S.C. § 5845, without having paid the special occupational tax required by 26 U.S.C. § 5801, in violation of 26 U.S.C. §§ 5861 and 5871.

He contends, inter alia, that the Act is unconstitutional because it provides for the search...

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