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UNITED STATES v. BOOKER

No. 71-2024.

461 F.2d 990 (1972)

UNITED STATES of America, Plaintiff-Appellant, v. Robert Lee BOOKER et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

May 31, 1972.

Attorney(s) appearing for the Case

Frank S. Spies, Asst. U. S. Atty., Grand Rapids, Mich., for plaintiff-appellant; John Milanowski, U. S. Atty., Grand Rapids, Mich., on brief.

Bruce W. Neckers, Grand Rapids, Mich. (Court appointed), for defendants-appellees.

Before WEICK and McCREE, Circuit Judges, and FEIKENS, District Judge.

WEICK, Circuit Judge.

The United States has appealed under 18 U.S.C. § 3731, from an order of the District Court suppressing a sawed-off 12-gauge shotgun and a .22 caliber sawed-off automatic rifle, which the defendants had been charged by information with possessing, in violation of 26 U.S.C. §§ 5861(d), 5845(a) and 5871.

At 4:20 a. m. on July 1, 1971, a Ford station wagon, in which three men, the defendants in this case, were riding, was being...

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