UNITED STATES v. McDOWELL

No. 72-2514.

475 F.2d 1037 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick Warren McDOWELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 9, 1973.


Attorney(s) appearing for the Case

Robert Michael Zweig (argued), of Hodge, Green & Zweig, San Francisco, Cal., for defendant-appellant.

William B. Shubb, Asst. U. S. Atty. (argued), Dwayne Keyes, U. S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before HAMLEY and MERRILL, Circuit Judges, and SCHNACKE, District Judge.


HAMLEY, Circuit Judge:

Patrick Warren McDowell appeals from his conviction on a charge of possessing an unregistered 9 mm. machine gun, in violation of 26 U.S.C. § 5861(d). On appeal, McDowell argues that the firearm in question, seized incident to defendant's arrest, was obtained unlawfully. The seizure was unlawful, defendant asserts, because there was no probable cause for his warrantless arrest, and the scope of the search which led to the seizure was unreasonable...

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