UNITED STATES v. LUTON

No. 73-2585. Summary Calendar.

486 F.2d 1021 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. L. J. LUTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 24, 1974.


Attorney(s) appearing for the Case

James T. Bridges, Belzoni, Miss., for defendant-appellant.

H. M. Ray, U. S. Atty., Alfred E. Moreton, III, Will R. Ford, Asst. U. S. Attys., Oxford, Miss., for plaintiff-appellee.

Before BELL, GODBOLD and GEE, Circuit Judges.


BELL, Circuit Judge:

Appellant was convicted on a one-count indictment for possession of an unregistered firearm in violation of 26 U.S.C.A. § 5861(d). The weapon was discovered in the trunk of appellant's car during a search following appellant's arrest pursuant to an arrest warrant on state burglary charges. Appellant moved to suppress the shotgun on the grounds it was seized during an illegal search. The trial court denied this motion and, after a jury verdict...

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