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UNITED STATES v. DAY

No. 72-1898.

476 F.2d 562 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Roy Ernest DAY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 5, 1973.

Attorney(s) appearing for the Case

George I. Cline, Morehead, Ky., for defendant-appellant; George I. Cline, Diederich, Cline & Wilhoit, Morehead, Ky., on brief.

Kenneth P. Glover, Office of Regional Counsel, Bureau of Alcohol, Tobacco and Firearms, Cincinnati, Ohio, for plaintiff-appellee; Eugene E. Siler, Jr., U. S. Atty., E. D. Kentucky, James Cook, Asst. U. S. Atty., E. D. Kentucky, Lexington, Ky., on brief.

Before PHILLIPS, Chief Judge, LIVELY, Circuit Judge, and YOUNG, District Judge.

PHILLIPS, Chief Judge.

Appellant, Roy Ernest Day, was convicted in May 1972, after a jury trial, of dealing in firearms without a license. 18 U.S.C. § 922(a) (1).1 At the same trial, he was also convicted of five counts of receiving and possessing firearms in interstate commerce. 18 U.S.C. App. § 1202(a) (2).2 Day was sentenced to a total of five years imprisonment...

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