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UNITED STATES v. LOONEY

No. 73-1171.

481 F.2d 31 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Joe Don LOONEY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 31, 1973.

Attorney(s) appearing for the Case

Roby Hadden, U. S. Atty., Dennis R. Lewis, Asst. U. S. Atty., Tyler, Tex., for plaintiff-appellant.

Michael Thornell, Houston, Tex., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge, and COLEMAN and DYER, Circuit Judges.

DYER, Circuit Judge:

Looney was indicted for possession of an unregistered sub-machine gun within the definition of 26 U.S.C.A. § 5845(a) in violation of 26 U.S.C.A. §§ 5861(d) and 5871. From an order of the district court granting Looney's motion to suppress the gun as evidence because it was seized as a result of an illegal search the Government appeals. We reverse.

About 2:15 in the morning of April 5, 1972, five agents of the Bureau of Narcotics...

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