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UNITED STATES v. PINGLETON

No. 71-1289.

458 F.2d 722 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. James Charles PINGLETON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied May 1, 1972.

Attorney(s) appearing for the Case

Julius L. Sherwin, Thedore R. Sherwin, Chicago, Ill., for defendant-appellant.

James R. Thompson, U. S. Atty., Farrel J. Griffin, Asst. U. S. Atty., William J. Bauer, U. S. Atty., Chicago, Ill., for plaintiff-appellee; John Peter Lulinski, Jeffrey Cole, Asst. U. S. Attys., of counsel, Roger Klaus, Legal Intern.

Before HASTINGS, Senior Circuit Judge, KILEY, Circuit Judge, and GORDON, District Judge.

HASTINGS, Senior Circuit Judge.

Defendant James Charles Pingleton was indicted by a federal grand jury on two counts for the unlawful sale and possession of a Colt M-16 machine gun, on or about April 17, 1969, in violation of Title 26, U.S.C.A. §§ 5861(e) and (d),1 respectively. A jury found defendant guilty on both counts. Following denial of post trial motions, a judgment of conviction...

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