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UNITED STATES v. PETRUCCI

No. 72-2964.

486 F.2d 329 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Victor PETRUCCI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 10, 1973.

Attorney(s) appearing for the Case

Morris Lavine (argued), Los Angeles, Cal., for defendant-appellant.

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

Before MERRILL and WALLACE, Circuit Judges, and PECKHAM, District Judge.

PECKHAM, District Judge:

The defendant, a licensed gun dealer, was prosecuted for several violations of the Gun Control Act of 1968, 18 U.S.C. § 922 et seq., and for illegal possession of two tear gas guns in violation of the National Firearms Act, 26 U.S.C. § 5861(d). The grand jury returned an indictment in nine counts. Count nine was dismissed before trial and defendant was found guilty by a jury on the remaining eight counts.

In counts one and...

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