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UNITED STATES v. GILLIS

No. 72-1687.

474 F.2d 4 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Donald GILLIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 14, 1973.

Attorney(s) appearing for the Case

Taylor J. Daigneault (argued), of Daigneault, Abel & Daigneault, Torrance, Cal., for defendant-appellant.

John M. Newman, Asst. U. S. Atty. (argued), Eric A. Nobles, Asst. U. S. Atty., William D. Keller, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before MERRILL, KOELSCH, and KILKENNY, Circuit Judges.

PER CURIAM:

Appellant Gillis was convicted by a jury on both counts of a two-count indictment charging possession of an unregistered machine gun [26 U.S.C. § 5861 (d)], and the sale of said gun without paying the transfer tax required by 26 U.S.C. § 5811 [26 U.S.C. § 5861(e)]. On this appeal he urges three points: (1) that the sale was to a government agent and therefore exempted from the transfer tax; (2) that the jury was improperly instructed on...

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