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UNITED STATES v. REDUS

No. 72-1635.

469 F.2d 185 (1972)

UNITED STATES of America, Plaintiff-Appellant, v. Bennie Sherman REDUS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

October 12, 1972.

Attorney(s) appearing for the Case

James A. Bruen, Asst. U. S. Atty. (argued), John F. Cooney, Jr., F. Steele Langford, Asst. U. S. Atty., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellant.

John C. Fell (argued), San Jose, Cal., for defendant-appellee.

Before CARTER and GOODWIN, Circuit Judges, and BATTIN, District Judge.

BATTIN, District Judge:

The appellee, Bennie Sherman Redus, was indicted by a federal grand jury in the Northern District of California. The indictment, in one count, charged the violation of 18 U.S.C. § 922(a)(1), unlawful dealing in firearms and ammunition. The indictment is presented in the margin.1

On January 26, 1972, the indictment was dismissed on motion of defendant's counsel. The Government appeals the dismissal of...

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