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UNITED STATES v. GUDGER

No. 72-2003.

472 F.2d 566 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry J. GUDGER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 26, 1972.

Attorney(s) appearing for the Case

J. V. Eskenazi, Federal Public Defender (Court appointed), Peter Koste, Asst. Fed. Public Defender, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Bruce E. Wagner, Robert C. Byrne, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before RIVES, WISDOM and RONEY, Circuit Judges.

RIVES, Circuit Judge:

The jury found the defendant guilty under a one-count indictment which charged that

"JERRY J. GUDGER in connection with the acquisition of a firearm, to wit, one 30 caliber Plainfield M-1 Carbine, bearing serial number 15932, from a licensed dealer, Dud's Gun Shop, did knowingly make a false written statement, misrepresenting identification with respect to the transaction, by presenting a fictitious address, `4325 Collins,...

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