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UNITED STATES v. DeBARTOLO

No. 73-1056.

482 F.2d 312 (1973)

UNITED STATES of America, Appellee, v. James A. DeBARTOLO, Alias John Doe, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 11, 1973.

Attorney(s) appearing for the Case

Leroy V. Marcotte, Providence, R. I., with whom David J. Kehoe, Providence, R. I., was on brief, for appellant.

Lincoln C. Almond, U. S. Atty., Providence, R. I., for appellee.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Appellant was convicted of aiding and abetting in the transfer of a firearm, to wit, a 16-gauge shotgun having a barrel of less than 18 inches in length, in violation of the National Firearms Act [the "Act"], as amended, 26 U.S.C. §§ 5861(e), 5845(a), and 5812(a). The Act makes it unlawful for any person to transfer a firearm except pursuant to authorization of the Secretary of the Treasury obtained after the transferor...

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