MILENTZ v. UNITED STATES

No. 71-1062.

446 F.2d 111 (1971)

Raymond Charles MILENTZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

July 21, 1971.


Attorney(s) appearing for the Case

Philip B. Polster, St. Louis, Mo., for appellant.

Michael Abbell, Atty., U. S. Dept. of Justice, Washington, D. C., Daniel Bartlett, Jr., U. S. Atty., Robert B. Schneider, Asst. U. S. Atty., for appellee.

Before LAY, HEANEY and BRIGHT, Circuit Judges.


HEANEY, Circuit Judge.

The defendant was convicted after a jury trial of possessing a sawed-off shotgun in violation of 26 U.S.C. § 5861(d). He was sentenced to four years' imprisonment. He contends (1) that the National Firearms Act, 26 U.S. C. § 5801 et seq., of which § 5861(d) is a part, is unconstitutional in that it denies him equal protection under the law; (2) that the act violates the due process requirements of the Constitution by eliminating...

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