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UNITED STATES v. BARNES

No. 26768.

449 F.2d 1294 (1971)

UNITED STATES of America, Plaintiff and Appellee, v. Charles Edward BARNES, Appellant.

United States Court of Appeals, Ninth Circuit.

October 7, 1971.

Attorney(s) appearing for the Case

T. Roger Duncan, Los Angeles, Cal., for appellant.

Roger L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Kenneth P. Snoke, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS and CHOY, Circuit Judges, and BATTIN, District Judge.

PER CURIAM:

The judgment of conviction for illegal possession of a firearm that was required by federal law to be registered by Barnes is affirmed.

The search point is not valid. The case of Stoner v. California, 376 U.S. 483, 84 S.Ct. 889, 11 L.Ed.2d 856, would be applicable if Barnes had been occupying premises where he had a right to be. The trial court found he had no such right and that he who consented to the search had...

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