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UNITED STATES v. MORRIS

No. 72-2224.

477 F.2d 657 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. John England MORRIS, Jr., a/k/a Larry Jackson, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 21, 1973.

Attorney(s) appearing for the Case

Robert Glass, New Orleans, La., Court-appointed for defendant-appellant.

Gerald J. Gallinghouse, U. S. Atty., Robert S. Leake, Asst. U. S. Atty., New Orleans, La., Mervyn Hamburg, U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 21, 1973.

GEWIN, Circuit Judge:

John England Morris was convicted of possessing a fully automatic rifle that had not been registered to him in the National Firearms Registration and Transfer Record, a violation of 26 U.S.C. §§ 5861(d) and 5871. Morris challenges his conviction on two grounds. He first argues that the evidence against him should have been suppressed because its seizure was incident to an...

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