UNITED STATES v. PHELPS

No. 72-1584.

468 F.2d 828 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Howard C. PHELPS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 14, 1972.


Attorney(s) appearing for the Case

Joseph A. Calamia, John L. Fashing, El Paso, Tex., for defendant-appellant.

William S. Sessions, U. S. Atty., San Antonio, Tex., Ralph E. Harris, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.

Before DYER, SIMPSON and MORGAN, Circuit Judges.


Rehearing and Rehearing En Banc Denied December 14, 1972.

PER CURIAM:

Appellant Howard C. Phelps was convicted under 26 U.S.C. § 5861(a) for being a dealer in firearms without having paid the requisite occupational tax, under 26 U.S.C. § 5861(d) for possessing an unregistered firearm, and under 26 U.S.C. § 5861(i) for possession of a firearm not identified with a serial number. In this appeal appellant asserts several different grounds which...

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