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UNITED STATES v. COLBERT

No. 71-2097.

474 F.2d 174 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. James Andrew COLBERT and Michael Beryl Reese, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 14, 1973.

Attorney(s) appearing for the Case

Jack Drake, Drake & Knowles, University, Ala., for defendants-appellants.

Wayman G. Sherrer, U. S. Atty., L. Scott Atkins, John S. Salter, Asst. U. S. Attys., Birmingham, Ala., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, TUTTLE, Senior Circuit Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, INGRAHAM and RONEY, Circuit Judges.

THORNBERRY Circuit Judge:

Appellants Colbert and Reese were convicted in the district court of possession of unregistered sawed-off shotguns in violation of 26 U.S.C.A. § 5861(d). A panel of this court overturned the convictions on appeal holding the police searches which produced the weapons invalid under the Fourth Amendment.1 Having agreed to rehear this case en banc, we vacate the judgment of the panel and affirm the convictions...

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